THING'S  MANUAL 


FORTY   FOUfltH   THOUSAND^ 


JHanual  o!  }3arltamnuari)  practice 


RULES 


PROCEEDING  AND  DEBATE 


DELIBERATIVE  ASSEMBLIES. 


BY  LUTHER  S.  CUSHING. 


BOSTON: 
TAGG-ARD    &    THOMPSON, 

29    CORN  HILL. 

1866. 


Entered,  according  to  Act  of  Congress,  in  the  year  1844, 

Bv  LUTHER  S.  CUSHING, 

tn  lh«  Clerk's  Office  of  the  District  Court  of  the  District  of  Massachusetts 


ADVERTISEMENT  TO  THE  SEVENTH  EDITION. 


Since  the  publication  of  the  first  edition  of  this  work,  in  February, 
1S45,  the  author  has  endeavored,  both  by  a  careful  revision  of  it  him- 
self, and  by  inquiries  of  others  interested  in  the  subject,  to  ascertain 
whether  any  alteration  or  addition  was  desirable,  in  order  to  render 
the  work  more  useful  for  the  purposes  for  which  it  was  designed. 

Certain  alterations  and  additions  have  thus  been  suggested,  which, 
though  not  numerous  or  very  important,  the  author  yet  deems  it  hia 
duty  to  make  ;  and,  for  that  purpose,  to  avail  himself  of  the  publica- 
tion of  the  present  edition. 

The  work  being  stereotyped,  the  new  matter  has  not  been  incor- 
porated with  the  original  text,  which  would  have  rendered  it  necessary 
to  recast  the  plates,  but  has  been  thrown  into  the  form  of  notes,  aed 
placed  at  the  end.  It  is  hoped  that  these  notes  will  add  to  the  value 
and  utility  of  the  work  ;  though  it  is  not  the  intention  of  the  publisher 
that  they  shall  enhance  its  cost. 

In  the  advertisement  to  the  first  edition  of  this  work,  the  author 
announced  that  he  was  preparing  a  larger  and  more  comprehensive 
work  on  parliamentary  law  and  practice,  which  it  was  his  intention  to 
complete  and  publish  as  soon  as  possible.  Inquiry  having  been  fre- 
quently made,  as  to  the  time  when  the  larger  work  would  probably  be 
published,  the  author  takes  this  opportunity  to  say,  that  the  little  lei- 
sure which  he  has  had  at  command,  since  the  announcement  alluded 
to,  though  diligently  employed,  has  not  as  yet  enabled  him  to  finish 
that  work.  He  is  happy,  however,  to  add,  that  nearly  all  the  mate- 
rials for  it  have  been  gathered  together,  and  that  the  work  itself  Is  in 
a  state  of  great  forwardness,  and  will  be  completed  and  published, 
probably,  in  the  course  of  the  next  year.  To  those  who  may  find  it 
difficult  to  conceive  how  so  much  time  and  labor  can  be  required  for 
the  preparation  of  the  work  in  question,  it  may  not  be  improper  to 
say,  that,  if  completed  on  the  plan  which  the  author  has  adopted,  it 
will  form  an  octavo  volume  of  not  less,  perhaps  more,  than  five  hun- 
dred pages. 

Boston,  November  1, 1847.  L.  S.  C. 


ADVERTISEMENT  TO  THE  FIRST  EDITION 


The  following  treatise  forms  a  part  only  of  a  much  larger  and  nioiw 
comprehensive  work,  covering  the  whole  ground  of  parliamentary  law 
and  practice,  which  the  author  has  for  some  time  been  engaged  in  pre- 
paring ;  and  which  it  his  intention  to  complete  and  publish  as  soon  as 
possible.  In  the  meantime,  this  little  work  has  been  compiled,  chiefly 
from  tlie  larger,  at  the  request  of  the  publishers,  and  to  supply  a  want, 
which  was  supposed  to  exist  to  a  considerable  extent. 

The  treatise  now  presented  to  the  public,  is  intended  as  a  Manual 
for  Deliberative  Axse??ib!i(s  of  every  description,  but  more  especially 
for  those  which  are  not  legislative  in  their  character ;  though,  with 
the  exception  of  the  principal  points,  in  which  legislative  bodies  differ 
from  others,  namely,  the  several  different  stages  or  readings  of  a  bill, 
and  conferences  and  amendments  between  the  two  branches,  this  work 
will  be  found  equally  useful  in  legislative  assemblies  as  in  others. 

The  only  work  which  has  hitherto  been  in  general  use  in  this  coun 
try,  relating  to  the  proceedings  of  legislative  assemblies,  is  the  com- 
pilation originally  prepared  by  Mr.  Jefferson,  when  Vice-President  of 
the  United  States,  for  the  use  of  the  body  over  which  he  presided,  and 
which  is  familiarly  known  as  Jefferson"1*  Manual.  This  work,  having 
been  extensively  used  in  our  legislative  bodies,  and,  in  some  States, 
expressly  sanctioned  by  law,  may  be  said  to  form,  as  it  were,  the  basis 
of  the  common  parliamentary  law  of  this  country.  Regarding  it  in 
that  light,  the  author  of  the  following  treatise  has  considered  the  prin- 
ciples and  rules  laid  down  by  Mr.  Jefferson  (and  which  have  been 
adopted  by  him  chielly  from  the  elaborate  work  of  Mr.  Hatsell)  as  the 
established  rules  on  this  subject,  and  has  accordingly  made  them  the 
basis  of  the  present  compilation,  with  an  occasional  remark,  in  a  note, 
by  way  of  explanation  or  suggestion,  whenever  he  deemed  it  neces- 
sary. 

Members  of  legislative  bodies,  who  may  have  occasion  to  make  uss 
of  this  work,  will  do  well  to  bear  in  mind,  that  it  contains  only  what 
may  be  called  the  common  ■parliamentary  lav.- ;  which,  in  every  legis- 
lative assembly,  is  more  or  less  modified  or  controlled  by  special  rulea 

L.  S.  C 

Boston,  November  1, 1844. 


TABLE    OF    CONTENTS. 


INTRODUCTION, 1  to  17 

CHAPTER  I. —  Of  certain  Preliminary  Matters,-   16  to  ^5 

Sect.  I.        Quorum, 17  to  19 

Sect.   II.       Rules  and  Orders, 20  to  22 

Sect.  III.     Time  of  Meeting, 20 

Sect.  IV.     Principle  of  Decision, 24,  25 

CHAPTER  II.  — Of  the  Officers, 20  to  33 

Sect.  I.       The  Presiding  Officer, 27  to  30 

Sect.  II.     The  Recording  Officer, 31  to  35 

CHAPTER    III.  —  Of    the    Rights    and    Duties    of 

Members, 36  to  42 

CHAPTER  IV.  —  Of  the  Introduction  of  Business,-  -43  to  53 

CHAPTER  V.  — Of  Motions  in  General, 59  to  61 

CHAPTER  VI.  — Of  Motions  to  Suppress, 62  to  67 

Sect.  I.      Previous  Question. 63  to  66 

Sect.  II.     Indefinite  Postponement, 67 

CHAPTER  VII. —  Of  Motions  to  Postpone, 6?  to  72 

CHAPTER  VIII.  — Of  Motions  to  Commit, 73  to  77 

CHAPTER  IX. -Of  Motions  to  Amend, 7Sto133 

Sect.  I.  Division  of  a  Question, 79  to    PQ 

Sect.  II.        Filling  Blanks, 81  to    ^7 

Sect.  III.      Addition  —  Separation —.Transposition,  CS  to    yj 

Sect.  IV.      Modification,  &c.  by  (he  Mover, 92.  93 

Sect.  V.        General  Rules  relating  to  Amendments,    94  to  102 

Sect.  VI.      Amendments,  by  striking  out, KG  to  !I'J 

Sect.  VII.    Amendments,  by  inserting, 113  to  121 

Sect.  VIII    Amendments,   by   striking  oui   and    n- 

serting, • 122  to  !2T 

Sect.  IX.      Amendments,  cnangnig  the  nature  of  a 

question, 12?  |o  (33 


TADLE     OF    CONTENTS. 


CHAPTER  X- —  Of  the  Order  and  Succession  of 

Business, 13-1  to  157 

Sect     I.      Privileged  Questions, 13C  to  14'J 

Adjournment, 137  to  1 4(1 

Questions  of  Privilege,- 141 

Orders  of  the  Day, 142  to  141) 

Sect.  II.     Incidental  Questions, 150  to  1 05 

Questions  of  Order, 151  to  154 

Reading  of  Papers. 155  to  100 

Withdrawal  of  a  Motion, 1 43 1  \><  102 

Suspension  of  a  Rule, 103  to  1(51 

Amendment  of  Amendments, 105 

Sect.  III.    Subsidiary  Questions, 100  to  I-' 

Lie  on  the  Table, 171  lo  '.'■"■ 

Precious  Question, 174  to  175 

Postponement, 176  to  ISii 

Commitment, 181  to  I  S3 

Amendment, 184  to  183 

CHAPTER  XI. —  Of  the  Order  of  Proceeding,-   188  to  200 

CHAPTER  XII.  — Of  Order  in    Debate, 201  i..  232 

Sect.  I.       As  to  the  Manner  of  Speaking', 208  to  203 

Sect.  II.     As  to  the  Matter  in  Speaking, 20!u<>2ll 

Sect.  III.    As  to  Times  of  Speaking, 215  to  210 

Sect.  IV.    As  to  stopping  Debate,-" 221)  lo  2£i 

Sect.  V.     As  to  Decorum  in  Debate, 223  to  220 

Sect.  VI.   As  to  Disorderly  Words, 227  to  232 

CHAPTER  XIII.  — Of  the  Question, 233  lo  240 

CHAPTER  XIV.  —  Of  Reconsideration, 250  to  257 

CHAPTER  XV.       Of  Committees, 258  lo  31 1 

Sect.  I.       Their  Nature  and  Functions, 258  lo  202 

Sect.  II.     Their  Appointment, 2(53  to  272 

Sect.  III.   Their  Organization,  &c. 273  to  285 

Sect    IV.   Their  Report, 286  to  20fi 

Sect.  V.     Committee  of  the  Whole, 297  to  3d 

CONCLUDING  REMARKS. 312u»3  1 

AUDITIONS  AND  COURECTIONS, 316  to     i  > 


PARLIAMENTARY  PRACTICE. 


INTRODUCTION. 

1.  The  purposes,  whatever  they  may  be,  foi 
which  a  deliberative  assembly  of  any  kind  is 
constituted,  can  only  be  effected  by  ascertain- 
ing the  sense  or  will  of  the  assembly,  m  refer- 
ence to  the  several  subjects  submitted  to  it, 
and  by  embodying  that  sense  or  will  in  an 
intelligible,  authentic,  and  authoritative  form. 
To  do  this,  it  is  necessary,  in  the  first  place, 
that  the  assembly  should  be  properly  consti- 
tuted and  organized ;  and,  secondly,  that  it 
should  conduct  its  proceedings  according  to 
certain  rules,  and  agreeably  to  certain  forms, 
which  experience  has  shown  to  ^>e  the  best 
adapted  to  the  purpose. 

2  Some  deliberative  assemblies,  especially 
Jiose  winch  consist  of  permanent!'  estab,  «heH 


8  PARLIAMENTARY    PRACTICE- 

bodies,  such  as  municipal  and  other  corpora- 
tions, are  usually  constituted  and  organized 
at  least,  in  part,  in  virtue  of  certain  legal  pro- 
visions ;  while  others,  of  an  occasional  or 
temporary  character,  such  as  conventions  and 
political  meetings,  constitute  and  organize 
themselves  on  their  assembling  together  for 
the  purposes  of  their  appointment. 

3.  The  most  usual  and  convenient  mode 
of  organizing  a  deliberative  assembly  is  the 
following.  —  The  members  being  assembled 
together,  in  the  place,  and  at  the  time,  ap- 
pointed for  their  meeting,  one  of  them,  ad- 
dressing himself  to  the  others,  requests  them 
to  come  to  order;  the  members  thereupon 
seating  themselves,  and  giving  then:  attentiou 
to  him,  he  suggests  the  propriety  and  necessity 
of  then  being  organized,  before  proceeding  to 
business,  and  requests  the  members  to  nomi- 
nate some  person  to  act  as  chairman  of  the 
meeting;  a  name  or  names  being  thereupon 
mentioned,  he  declares  that  such  a  person 
(whose  name  was  first  heard  by  him)  is 
nominated  for  chairman,  and  puts  a  question 
that  the  person  so  named  be  requested  to  take 
the  chair.  Tf  this  question  should  be  decided 
ir:  the  negative,  another   nomination  is  then  to 


ORGANIZATION.  9 

be  called  for,  and  a  question  put  upon  the  name 
mentioned  (being  that  of  some  other  person) 
as  before,  and  so  on  until  a  choice  is  effected. 
When  a  chairman  is  elected,  he  takes  the 
chair,  and  proceeds  in  the  same  manner  to 
complete  the  organization  of  the  assembly, 
by  the  choice  of  a  secretary  and  such  other 
officers,  if  any,  as  may  be  deemed  necessary. 

4.  An  organization,  thus  effected,  may  be, 
and  frequently  is,  sufficient  for  all  the  purposes 
of  the  meeting;  but  if,  for  any  reason,  it  is 
desired  to  have  a  greater  number  of  officers, 
or  to  have  them  selected  with  more  delibera- 
tion, it  is  the  practice  to  organize  temporarily, 
in  the  manner  above  mentioned,  and  then  to 
refer  the  subject  of  a  permanent  organization, 
and  the  selection  of  persons  to  be  nominated 
for  the  several  offices,  to  a  committee ;  upon 
whose  report,  the  meeting  proceeds  to  organize 
itself,  conformably  thereto,  or  in  such  other 
manner  as  it  thinks  proper. 

5.  The  presiding  officer  is  usually  denomi- 
nated the  president,  and  the  recording  officer, 
the  secretary;  though,  sometimes,  these  officers 
are  designated,  respectively,  as  the  chav"ian 
and  clerk.  It  is  not  unusual,  besides  a  presi- 
dent, to  have  one  or  more  vice-presidents  ;  who 


10  PARLIAMENTARY    PRACTICE. 

take  tue  chair,  occasionally,  in  the  absence  of 
the  president  from  the  assembly,  or  when  he 
withdraws  from  the  chair  to  take  part  in  the 
proceedings  as  a  member ;  but  who,  at  othei 
times,  though  occupying  seats  with  the  presi- 
dent, act  merely  as  members.  It  is  frequently 
the  case,  also,  that  several  persons  are  ap- 
pointed secretaries,  in  which  case,  the  first 
named  is  considered  as  the  principal  officer.  All 
the  officers  are,  ordinarily,  members  of  the 
assembly1;  and,  as  such,  entitled  to  participate 
in  the  proceedings ;  except  that  the  presiding 
officer  does  not  usually  engage  in  the  debate, 
and  votes  only  when  the  assembly  is  equally 
divided. 

6.  In  all  deliberative  assemblies,  the  mem- 
bers of  which  are  chosen  or  appointed  to 
represent  others,  it  is  necessary,  before  pro- 
ceeding to  business,  to  ascertain  who  are  duly 
elected  and  returned  as  members;  in  order 
not  only  that  no  person  may  be  admitted  to 
participate  in  the  proceedings  who  is  not 
regularly  authorized  to  do  so,  but  also  that  a 


1  In  legislative  bodies,  the  clerk  is  seldom  or  never  a  member ; 
ami,  ir.  some,  the  presiding  officer  is  not  a  member ;  as,  for  example, 
in  the  Senate  of  the  United  States,  the  Senate  of  New  York,  and 
iusornu  ether  state  senates. 


RETURNS    AND    ELECTIONS  ±\ 

list  of  the  members  may  be  made  for  the  use 
of  the  assembly  and  its  officers. 

7.  The  proper  time  for  this  investigation  is 
after  the  temporary  and  before  the  permanent 
organization ;  or,  when  the  assembly  is  perma- 
nently organized,  in  the  first  instance,  before 
it  proceeds  to  the  transaction  of  any  other 
business ;  and  the  most  convenient  mode  of 
conducting  it  is  by  the  appointment  of  a  com- 
mittee, to  receive  and  report  upon  the  creden- 
tials of  the  members.  The  same  committee 
may  also  be  charged  with  the  investigation  of 
rival  claims,  where  any  such  are  presented. 

8.  When  a  question  arises,  involving  the 
right  of  a  member  to  his  seat,  such  member  is 
entitled  to  be  heard  on  the  question,  and  he  is 
tnen  to  withdraw  from  the  assembly  until  it  is 
decided ;  but  if,  by  the  indulgence  of  the  as- 
sembly, he  remains  in  his  place,  during  the 
discussion,  he  ought  neither  to  take  any  further 
part  hi  it,  nor  to  vote  when  the  question  is 
proposed ;  it  being  a  fundamental  rule  of  all 
deliberative  assemblies,  that  those  members, 
whose  rights  as  such  are  not  yet  set  aside, 
constitute  a  judicial  tribunal  to  decide  upon 
the  cases  of  those  whose  rights  of  membership 
are  called  in  question.     Care  should   always 


12  PARLIAMENTARY    PRACTICE. 

oe  taken,  therefore,  in  the  selection  of  the 
officers,  and  in  the  appointment  of  committees, 
to  name  only  those  persons  whose  rights  as 
members  are  not  objected  to. 

9.  The  place  where  an  assembly  is  held 
being  in  its  possession,  and  rightfully  appro- 
priated to  its  use,  no  person  is  entitled  to  be 
present  therein,  but  by  the  consent  of  the 
assembly ;  and,  consequently,  if  any  person 
refuse  to  withdraw,  when  ordered  to  do  so,  or 
conduct  himself  in  a  disorderly  or  improper 
manner,  the  assembly  may  unquestionably 
employ  sufficient  force  to  remove  such  person 
from  the  meeting. 

10.  Every  deliberative  assembly,  by  the 
mere  fact  of  its  being  assembled  and  consti- 
tuted, does  thereby  necessarily  adopt  and 
become  subject  to  those  rules  and  forms  of 
proceeding,  without  which  it  would  be  impos 
sible  for  it  to  accomplish  the  purposes  of  its 
creation.  It  is  perfectly  competent,  however, 
for  every  such  body  —  and  where  the  business 
is  of  considerable  interest  and  importance,  or 
likely  to  require  some  time  for  its  accomplish- 
ment, it  is  not  unusual  —  to  adopt  also  certain 
special  rules  foi  the  regulation  of  its  proceed- 
ings.     "Where  this   is   the    case,   these  latter 


RULES    OF    PROCEEDING.  13 

supersede  the  ordinary  parliamentary  rules  in 
reference  to  all  points  to  which  they  relate ;  or 
add  to  them  in  those  particulars  in  reference 
to  which  there  is  no  parliamentary  rule ; 
leaving  what  may  be  called  the  common 
parliamentary  law  in  full  force  in  all  othei 
respects. 

11.  The  rules  of  parliamentary  proceedings 
in  this  country  are  derived  from,  and  essentially 
the  same  with,  those  of  the  British  parliament ; 
though,  in  order  to  adapt  these  rules  to  the 
circumstances  and  wants  of  our  legislative 
assemblies,  they  have,  in  some  few  respects, 
been  changed,  —  in  others,  differently  applied, 
—  and  hi  others,  again,  extended  beyond  their 
original  intention.  To  these  rules,  each  legis- 
lative assembly  is  accustomed  to  add  a  code 
of  its  own,  by  which,  in  conjunction  with  the 
former,  its  proceedings  are  regulated.  The 
rules,  thus  adopted  by  the  several  legislative 
assemblies,  having  been  renewed  in  successive 
legislatures,  —  with  such  extensions,  modifica- 
tions and  additions  as  have  been,  from  time  to 
time,  thought  necessary,  —  the  result  is.  thai  a 
system  of  parliamentary  rules  has  been  estab- 
lished in  each  state,  different  in  some  particu- 
lars from  those  of  every  other  state,  but  yet 


14  PARLIAMENTARY    PRACTICE. 

founded  in  and   embracing  all  the    essential 
rules  of  the  common  parliamentary  law. 

12.  The  rules  of  proceeding,  in  each  state, 
being  of  course  best  known  by  the  citizens 
of  that  state,  it  has  sometimes  happened  in 
deliberative  assemblies,  that  the  proceedings 
have  been  conducted  not  merely  according  to 
the  general  parliamentary  law,  but  also  in 
conformity  with  the  peculiar  system  of  the 
state  in  which  the  assembly  was  sitting,  or 
of  whose  citizens  it  was  composed.  This, 
however,  is  erroneous ;  as  no  occasional  as- 
sembly can  ever  be  subject  to  any  other  rules, 
than  those  which  are  of  general  application, 
or  which  it  specially  adopts  for  its  own  gov- 
ernment ;  and  the  rules  adopted  and  practised 
upon  by  a  legislative  assembly  do  not  thereby 
acquire  the  character  of  general  laws. 

13.  The  judgment,  opinion,  sense,  or  will  of 
a  deliberative  assembly  is  expressed,  accord- 
ing to  the  nature  of  the  subject,  either  by  a 
resolution,  order,  or  vote.  When  it  commands, 
it  is  by  an  order ;  but  facts,  principles,  its  own 
opinions,  or  purposes,  are  most  properly  ex- 
pressed in  the  form  of  a  resolution ;  the  term 
vote  may  be  applied  to  the  result  of  every 
question  decided  by  the  assembly.     In  what- 


MAKING    OF    PROPOSITIONS.  15 

ever  form,  however,  a  question  is  proposed,  01 
by  whatever  name  it  may  be  called,  the  mode 
of  proceeding  is  the  same. 

14.  The  judgment  or  will  of  any  number  of 
persons,  considered  as  an  aggregate  body,  is 
that  which  is  evidenced  by  the  consent  or 
agreement  of  the  greater  number  of  them ;  and 
the  only  mode  by  which  this  can  be  ascer- 
tained, in  reference  to  any  particular  subject, 
is,  for  some  one  of  them  to  begin  by  submitting 
to  the  others  a  proposition,  expressed  in  such 
a  form  of  words,  that,  if  assented  to  by  the 
requisite  number,  it  will  purport  to  express 
the  judgment  or  "will  of  the  assembly.  Tins 
proposition  will  then  form  a  basis  for  the  further 
proceedings  of  the  assembly ;  to  be  assented 
to,  rejected,  or  modified,  according  as  it  ex- 
presses or  not,  or  may  be  made  to  express, 
the  sense  of  a  majority  of  the  members.  The 
different  proceedings  which  take  place,  from 
the  first  submission  of  a  proposition,  through  all 
the  changes  it  may  undergo,  until  the  final 
decision  of  the  assembly  upon  it,  constitute  the 
subject  of  the  rules  of  debate  and  proceeding 
in  deliberative  assemblies. 

15.  If  the  proceedings  of  a  deliberative  as- 
sembly were  confined  to  the  making  of  propo- 


16  PARLIAMENTARY    PRACTICE 

sitions  by  the  individual  members,  and  theii 
acceptance  or  rejection  by  the  votes  of  tne 
assembly,  there  would  be  very  little  occasion 
for  rules  in  such  a  body.  But  this  is  not  the 
case.  The  functions  of  the  members  are  not 
limited  to  giving  an  affirmative  or  negative 
to  such  questions  as  are  proposed  to  them. 
When  a  proposition  is  made,  if  it  be  not  agreed 
to  or  rejected  at  once,  the  assembly  may  be 
unwilling  to  consider  and  act  upon  it  at  all: 
or  it  may  wish  to  postpone  the  consideration 
of  the  subject  to  a  future  time;  or  it  may  be 
willing  to  adopt  the  proposition  with  certain 
modifications ;  or,  lastly,  approving  the  subject- 
matter,  but  finding  it  presented  in  so  crude, 
imperfect,  or  objectionable  a  form,  that  it  can- 
not in  that  state  be  considered  at  all,  the  as- 
sembly may  desire  to  have  the  proposition 
further  examined  and  digested,  before  being 
presented.  In  order  to  enable  the  assembly 
to  take  whichever  of  the  courses  above  in- 
dicated it  may  think  proper,  and  then  to  dis- 
pose of  every  proposition  in  a  suitable  manner, 
certain  motions  or  forms  of  question  have  been 
invented,  which  are  perfectly  adapted  for  the 
purpose,  and  are  in  common  use  in  all  delibera- 
tive assemblies. 


QUORUM.  17 

CHAPTER   I. 

OF  CERTAIN  PRELIMINARY  MATTERS 

16.  Before  entering  upon  the  subject  of  the 
forms  and  rules  of  proceeding,  in  the  trans- 
action of  business,  it  will  be  convenient  to 
consider  certain  matters  of  a  preliminary 
nature,  which  are  more  or  less  essential  to 
the  regularity,  despatch,  and  efficiency  of  the 
proceedings. 

Section  I.      Quorum. 

17.  In  all  councils,  and  other  collective 
bodies  of  the  same  kind,  it  is  necessary,  that 
a  certain  number,  called  a  quorum,  of  the 
members,  should  meet  and  be  present,  in  order 
to  the  transaction  of  business.  This  regulation 
has  been  deemed  essential  to  secure  fairness 
of  proceeding;  and  to  prevent  matters  from 
being  concluded  in  a  hasty  manner,  or  agreed 
to  by  so  small  a  number  of  the  members,  as 
Lot  tc  command  a  due  and  proper  respect. 

18.  The  number  necessary  to  constitute  a 
quorum  of  any  assembly  may  be  fixed  by  law. 


18  PARLIAMENTARY     PRACTICE. 

as  is  the  case  with  most  of  our  legislative 
assemblies ;  or  by  usage,  as  in  the  English 
house  of  commons ;  or  it  may  be  fixed  by  the 
assembly  itself;  but  if  no  rule  is  established 
on  the  subject,  in  any  of  these  ways,  a  ma- 
jority of  the  members  composing  the  assembly 
is  the  requisite  number. 

19.  No  business  can  regularly  be  entered 
upon  until  a  quorum  is  present ;  nor  can  any 
business  be  regularly  proceeded  with  when  it 
appears  that  the  members  present  are  reduced 
below  that  number ;  consequently,  the  presid- 
ing officer  ought  not  to  take  the  chair  until  the 
proper  number  is  ascertained  to  be  present, 
and  if,  at  any  time,  in  the  course  of  the  pro- 
ceedings, notice  is  taken  that  a  quorum  is  not 
present,  and,  upon  the  members  being  counted 
by  the  presiding  officer,  such  appears  to  be  the 
fact,  the  assembly  must  be  immediately  ad- 
journed. 

Sect.  II.     Rules  and   Orders. 

20.  Every  deliberative  assembly,  as  has 
already  been  observed,  is,  by  the  fact  alone 
of  its  existence,  subject  to  those  rules  of  pro- 
ceeding, without  which  it  could  not  accomplish 
the  purposes  of  its  creation.     It  may  also  pro- 


RULES    AND    ORDERS.  19 

vide  rules  for  itself,  either  in  the  form  of  a 
general  code  established  beforehand,  or  by  the 
adoption,  from  time  to  time,  during  its  sitting, 
of  such  special  rules  as  it  may  find  necessary. 

21.  When  a  code  of  rules  is  adopted  before- 
hand, it  is  usual  also  to  provide  therein  as  to 
the  mode  hi  which  they  may  be  amended,  re- 
pealed, or  dispensed  with.  Where  there  is  no 
such  provision,  it  will  be  competent  for  the 
assembly  to  act  at  any  time,  and  in  the  usual 
manner,  upon  questions  of  amendment  or 
repeal ;  but  in  reference  to  dispensing  with  a 
rule,  or  suspending  it,  in  a  particular  case,  if 
there  is  no  express  provision  on  the  subject, 
it  seems  that  it  can  only  be  done  by  general 
consent.     [If  316.] 

22.  When  any  of  the  rules,  adopted  by  the 
assembly,  or  in  force,  relative  to  its  manner  of 
proceeding,  is  disregarded  or  infringed,  every 
member  has  the  right  to  take  notice  thereof, 
and  to  require  that  the  presiding  officer,  or  any 
other  whose  duty  it  is,  shall  carry  such  rale 
into  execution ;  and,  in  that  case,  the  ride  must 
be  enforced,  at  once,  without  debate  or  delay. 
It  is  then  too  late  to  alter,  repeal,  or  suspend 
(he  rule;  so  long  as  any  one  member  insists 
upon  its  execution,  it  must  be  enforced. 


20  PARLIAMENTARY    PRACTICE. 

Sect.  III.     Time  of  Meeting. 

23.  Every  assembly,  which  is  not  likely  to 
finish  its  business  at  one  sitting,  will  find  it 
convenient  to  come  to  some  order  or  resolution 
beforehand,  as  to  the  time  of  reassembling, 
after  an  adjournment;  it  being  generally 
embarrassing  to  fix  upon  the  hour  for  this 
purpose,  at  the  time  when  the  sitting  is  about 
to  close,  and  in  connection  with  the  motion 
to  adjourn. 

Sect.  IV.     Principle  of  Decision. 

24.  The  principle,  upon  which  the  decis- 
ions of  all  aggregate  bodies,  such  as  coun- 
cils, corporations,  and  deliberative  assemblies, 
are  made,  is  that  of  the  majority  of  votes 
or  suffrages;  and  this  rule  holds  not  only  in 
reference  to  questions  and  subjects,  which 
admit  only  of  an  afhrmative  on  one  side,  and 
a  negative  on  the  other,  but  also  in  reference 
to  elections  in  which  more  than  two  persons 
may  receive  the  suffrages. 

25.  But  tins  rule  may  be  controlled  by  a 
special  rule  in  reference  to  some  particular 
subject  or  question ;  by  which  any  less  number 


MAJORITY.  21 

than  a  majority  may  be  admitted,  or  any  greater 
number  required,  to  express  the  will  of  the 
assembly.  Thus,  it  is  frequently  provided,  in 
legislative  assemblies,  that  one  third  or  one 
fourth  only  of  the  members  shall  be  sufficient 
to  require  the  taking  of  a  question  by  yeas  and 
oays,  and,  on  the  other  hand,  that  no  alteration 
shall  take  place  in  any  of  the  rules  and  orders, 
without  the  consent  of  at  least  two  thirds,  or 
even  a  larger  number. 


22  PARLIAMENTARY    FRACTICE. 

CHAPTER  II. 

OF    THE    OFFICERS. 

26.  The  usual  and  necessary  officers  of  a 
deliberative  assembly  are  those  already  men- 
tioned, namely,  a  presiding,  and  a  recording, 
officer ;  both  of  whom  are  elected  or  appointed 
by  the  assembly  itself,  and  removable  at  its 
pleasure.  These  officers  are  always  to  be 
elected  by  absolute  majorities,  even  in  those 
states  in  which  elections  are  usually  effected 
by  a  plurality ;  for  the  reason,  that,  being  re- 
movable at  the  'pleasure  of  the  assembly,  if 
any  number  short  of  a  majority  were  to  elect, 
a  person  elected  by  any  such  less  number 
would  not  be  able  to  retain  his  office  for  a 
moment ;  inasmuch  as  he  might  be  instantly 
removed  therefrom,  on  a  question  made  for 
that  purpose,  by  the  votes  of  those  who  had 
voted  for  other  persons  on  the  election ;  and 
it  is  essential  to  the  due  and  satisfactory  per- 
formance of  the  functions  of  these  officers, 
that  they  should  possess  the  confidence  of  the 
assembly,  which  they  cannot  be  said  to  do. 
unless  they  have  the  suffrages  of  at  least  a 
majority. 


PRESIDING    OFFICER.  23 

Sect.  I.     The   Presiding  Officer. 

27.  The  principal  duties  of  this  officer  are 
the  following :  — 

To  open  the  sitting,  at  the  time  to  which 
the  assembly  is  adjourned,  by  taking  the  chair 
and  calling  the  members  to  order ; 

To  announce  the  business  before  the  as- 
sembly in  the  order  in  which  it  is  to  be  acted 
upon; 

To  receive  and  submit,  m  the  proper  man- 
ner, all  motions  and  propositions  presented  by 
the  members; 

To  put  to  vote  all  questions,  which  are 
regularly  moved,  or  necessarily  arise  in  the 
course  of  the  proceedings,  and  to  announce 
the  result ; 

To  restrain  the  members,  when  engaged  in 
debate,  within  the  rules  of  order ; 

To  enforce  on  all  occasions  the  observance 
of  order  and  decorum  among  the  members  , 

To  receive  all  messages  and  other  com- 
munications and  announce  them  to  the  as- 
sembly; 

To  authenticate,  by  his  signature,  when 
necessary,  all  the  acts,  orders,  and  proceedings 
of  the  assembly; 


24  PARLIAMENTARY    PRACTICE. 

To  inform  the  assembly,  when  necessary, 
or  when  referred  to  for  the  purpose,  in  a  point 
of  order  or  practice ; 

To  name  the  members  (when  directed  to  do 
so  in  a  particular  case,  or  when  it  is  made  a 
part  of  his  general  duty  by  a  rule,)  who  are  to 
serve  on  committees ;  and,  in  general, 

To  represent  and  stand  for  the  assembly, 
declaring  its  will,  and,  in  all  things,  obeying 
implicitly  its  commands. 

28.  If  the  assembly  is  organized  by  the  choice 
of  a  president,  and  vice-presidents,  it  is  the  duty 
of  one  of  the  latter  to  take  the  chair,  in  case  of 
the  absence  of  the  president  from  the  assembly, 
or  of  his  withdrawing  from  the  chair  for  the 
purpose  of  participating  in  the  proceedings. 

29.  Where  but  one  presiding  officer  is  ap- 
pointed, in  the  first  instance,  his  place  can 
only  be  supplied,  in  case  of  his  absence,  by 
the  appointment  of  a  president  or  chairman 
pro  tenqyore ;  and,  in  the  choice  of  this  officer, 
who  ought  to  be  elected  before  any  othei 
business  is  done,  it  is  the  duty  of  the  secre- 
tary to  conduct  the  proceedings. 

30.  The  presiding  officer  may  read  sitting, 
but  should  rise  to  state  a  motion,  or  put  a 
question  to  the  assembly. 


SECRETARY    OR    CLERK.  25 

^Sect.  II     The  Pwecording  Officer 

31.  The  principal  duties  of  this  officer  con- 
sist in  taking  notes  of  all  the  proceedings,  and 
in  making  true  entries  in  his  journal  of  all  "  the 
things  done  and  past "  in  the  assembly ;  but 
he  is  not,  in  general,  required  to  take  minutes 
of  "particular  men's  speeches,"  or  to  make 
entries  of  things  merely  proposed  or  moved, 
without  coming  to  a  vote.  He  is  to  enter 
what  is  done  and  past,  but  not  what  is  said 
or  moved.  This  is  the  rule  in  legislative 
assemblies.  In  others,  though  the  spirit  of 
the  rule  ought  to  be  observed,  it  is  generally 
expected  of  the  secretary,  that  his  record  shall 
be  both  a  journal  and  in  some  sort  a  report  of 
the  proceedings. 

32.  It  is  also  the  duty  of  the  secretary  to 
read  all  papers,  &c,  which  may  be  ordered  to 
be  read ;  to  call  the  roll  of  the  assembly,  and 
take  note  of  those  who  are  absent,  when  a 
call  is  ordered;  to  call  the  roll  and  note  the 
answers  of  the  members,  when  a  question  is 
taken  by  yeas  and  nays ;  to  notify  committees 
of  their  appointment  and  of  the  business  re- 
ferred to  them;  and  to  authenticate  by  Ins 
signature  (sometimes  alone  and  sora  .'times  in 


cb  PARLIAMENTARY    PRACTICE. 

conjunction  with  the  president)  all  the  acts, 
orders,  and  proceedings  of  the  assembly. 

33.  The  clerk  is  also  charged  with  the  cus- 
tody of  all  the  papers  and  documents  of  every 
description,  belonging  to  the  assembly,  as  weD 
as  the  journal  of  its  proceedings,  and  is  to  let 
none  of  them  be  taken  from  the  table  by  any 
member  or  other  person,  without  the  leave  or 
order  of  the  assembly. 

34.  When  but  a  single  secretary  or  clerk 
is  appointed,  his  place  can  only  be  supplied, 
during  his  absence  by  the  appointment  of 
some  one  to  act  pro  tempore.  When  several 
persons  are  appointed,  this  inconvenience  is 
not  likely  to  occur. 

35.  The  clerk  should  stand  while  reading 
or  calling  the  assembly. 


DEPORTMENT    OF    MEMBERS.  27 


CHAPTER   III. 

OF    THE    RIGHTS   AND    DUTIES  OF    THE 
MEMBERS. 

36.  The  rights  and  duties  of  the  members  of 
a  deliberative  assembly,  as  regards  one  another 
are  founded  in  and  derived  from  the  principle 
of  their  absolute  equality  among  themselves. 
Every  member,  however  humble  he  may  be, 
has  the  same  right  with  every  other,  to  submit 
his  propositions  to  the  assembly,  —  to  explain 
and  recommend  them  in  discussion,  —  and  to 
have  them  patiently  examined  and  deliber- 
ately decided  upon  by  the  assembly;  and,  on 
the  other  hand,  it  is  the  duty  of  every  one  so 
to  conduct  himself,  both  in  debate,  and  in  his 
general  deportment  in  the  assembly,  as  not  to 
obstruct  any  other  member,  in  the  enjoyment 
of  Ins  equal  rights.  The  rights  and  duties  of 
the  members  require  to  be  explained  only  in 
reference  to  words  spoken  in  debate  (whether 
spoken  of  a  member  or  otherwise)  and  to 
general  deportment.  The  first  will  be  most 
conveniently  noticed  in  the  chapter  on  debate; 
*he  other  will  be  considered  in  this  place. 


28  PARLIAMENTARY    PRACTICE. 

37.  The  observance  of  decorum,  by  the 
members  of  a  deliberative  assembly,  is  not 
only  due  to  themselves  and  to  one  another, 
as  gentlemen  assembled  together  to  deliberate 
on  matters  of  common  importance  and  interest, 
but  is  also  essential  to  the  regular  and  satis- 
factory proceeding  of  such  an  assembly.  The 
rules  on  this  subject,  though  generally  laid 
down  with  reference  to  decorum  in  debate, 
are  equally  applicable  whether  the  assembly 
be  at  the  time  engaged  in  debate,  or  not;  and, 
therefore,  it  may  be  stated,  generally,  that  no 
member  is  to  disturb  another,  or  the  assembly 
itself,  by  hissing,  coughing,  or  spitting;  by 
speaking  or  whispering  to  other  members ;  by 
standing  up  to  the  interruption  of  others;  by 
passing  between  the  presiding  officer  and  a 
member  speaking ;  going  across  the  assembly 
room,  or  walking  up  and  down  in  it ;  taking 
books  or  papers  from  the  table,  or  writing  there. 

38.  All  these  breaches  of  decorum  are  doubt- 
less aggravated  by  being  committed  while  the 
assembly  is  engaged  in  debate,  though  equally 
contrary  to  the  rules  of  propriety,  under  any 
other  circumstances.  Assaults,  by  one  mem 
ber  upon  another,  —  threats,  —  challenges,  -  - 
affrays,  <fcc,  are  also  high  breaches  of  decorum 


BREACHES    OF    DECORUM.  29 

39.  It  is  also  a  breach  of  decorum  for  a 
member  to  come  into  the  assembly  room  with 
his  head  covered,  or  to  remove  from  one  place 
to  another  with  his  hat  on,  or  to  put  his  hat  on 
in  coming  in  or  removing,  or,  until  he  has 
taken  his  seat;  and,  in  many  assemblies, 
especially  those  which  consist  of  a  small 
number  of  members,  it  is  not  the  custom  to 
have  the  head  covered  at  all. 

40.  In  all  instances  of  irregular  and  dis- 
orderly deportment,  it  is  competent  for  every 
member,  and  is  the  special  duty  of  the  pre- 
siding officer,  to  complain  to  the  assembly,  or 
to  take  notice  of  the  offence,  and  call  the  at- 
tention of  the  assembly  to  it.  When  a  com- 
plaint of  tins  kind  is  made  by  the  presiding 
officer,  he  is  said  to  name  the  member  offend- 
ing ;  that  is,  he  declares  to  the  assembly,  that 
such  a  member,  calling  him  by  name,  is  guilty 
of  certain  irregular  or  improper  conduct.  The 
member,  who  is  thus  charged  with  an  offence 
against  the  assembly,  is  entitled  to  be  heard 
in  his  place  in  exculpation,  and  is  then  to 
withdraw.  Being  withdrawn,  the  presiding 
officer  states  the  offence  committed,  and  the 
assembly  proceeds  to  consider  of  the  degree 
and   amount   of  punishment   to   be    inflicted 


30  PARLIAMENTARY    PRACTICE. 

The  assembly  may  allow  the  member  com 
plained  of  to  remain,  when  he  offers  to  with- 
draw ;  or,  on  the  other  hand,  it  may  require 
him  to  withdraw,  if  he  do  not  offer  to  do  so  of 
his  own  accord.  The  proceedings  are  similar, 
when  the  complaint  is  made  by  a  member, 
except  that  the  offence  is  stated  by  such 
member,  instead  of  being  stated  by  the  pre- 
siding officer. 

41.  No  member  ought  to  be  present  in  the 
assembly,  when  any  matter  or  business  con- 
cerning himself  is  debating ;  nor,  if  present,  by 
the  indulgence  of  the  assembly,  ought  he  to 
vote  on  any  such  question.  Whether  the 
matter  in  question  concern  Iris  private  interest, 
or  relate  to  his  conduct  as  a  member,  —  as  for  a 
breach  of  order,  or  for  matter  arising  in  debate, 
—  as  soon  as  it  is  fairly  before  the  assembly, 
the  member  is  to  be  heard  in  exculpation  and 
then  to  withdraw,  until  the  matter  is  settled. 
If,  notwithstanding,  a  member  should  remain 
in  the  assembly  and  vote,  his  vote  may  and 
ought  to  be  disallowed ;  it  being  contrary,  nol 
only  to  the  laws  of  decency,  but  to  the  funda- 
mental principle  of  the  social  compact,  that 
a  man  should  sit  and  act  as  a  judge  in  hia 
own  case. 


P0N1SHMENT    OF    MEMBERS.  3) 

42.  The  only  punishments,  which  can  be 
inflicted  upon  its  members  by  a  deliberative 
assembly  of  the  kind  now  under  consideration, 
consist  of  reprimanding,  —  exclusion  from  the 
assembly,  —  a  prohibition  to  speak  or  vote,  foi 
a  specified  time,  —  and  expulsion;  to  which 
are  to  be  added  such  other  forms  of  punish- 
ment, as  by  apology,  begging  pardon,  &c,  as 
the  assembly  may  see  fit  to  impose,  and  to 
require  the  offender  to  submit  to,  on  pain  of 
expulsion 


32  PARLIAMENTARY   PRACTICE. 

CHAPTER   IV. 

OF  THE  INTRODUCTION  OF  BUSINESS. 

43.  The  proceedings  of  a  deliberative  as- 
sembly, in  reference  to  any  particular  subject, 
aie  ordinarily  set  in  motion,  in  the  first  in- 
stance, by  some  one  of  the  members  either 
presenting  a  communication  from  persons  not 
members,  or  himself  submitting  a  proposition 
to  the  assembly. 

44.  Communications  made  to  the  assembly 
are  of  two  kinds,  namely,  those  which  are 
merely  for  its  information  in  matters  of  fact, 
and  those  which  contain  a  request  for  some 
action  on  the  part  of  the  assembly,  either 
of  a  general  nature,  or  for  the  benefit  of  an 
individual.  The  latter  only,  as  they  alone 
constitute  a  foundation  for  future  proceedings, 
require  to  be  noticed. 

45.  Propositions  made  by  members  are 
drawn  up  and  introduced,  by  motion,  in  tho 
form  which  they  are  intended  by  the  movei 
to  bear,  as  orders,  resolutions,  or  votes,  if  the} 
should  be  adopted  by  the  assembly.     These 


OBTAINING     THE    FLOOR.  33 

propositions,  of  whatever  nature  they  may  be 
are  usually  denominated  motions,  until  the} 
are  adopted ;  they  then  take  the  name  whicb 
properly  belongs  to  them. 

46.  "When  a  member  has  occasion  to  make 
any  communication  whatever  to  the  assembly, 
—  whether  to  present  a  petition  or  other  paper, 
or  to  make  or  second  a  motion  of  any  kind,  oi 
merely  to  make  a  verbal  statement,  —  as  well 
as  when  one  desires  to  address  the  assembly  in 
debate,  he  must,  in  the  first  place,  as  the  ex- 
pression is,  "  obtain  the  floor  "  for  the  purpose 
he  has  in  view.  In  order  to  do  tins,  he  must 
rise  in  his  place1,  and,  standing  uncovered, 
address  himself  to  the  presiding  officer,  by  his 
title;  the  latter,  on  hearing  himself  thus  ad- 
dressed, calls  to  the  member  by  his  name ; 
and  the  member  may  then,  but  not  before, 
proceed  with  his  business. 

47.  If  two  or  more  members  rise  and  ad- 
dress themselves  to  the  presiding  officer,  at 
the  same  time,  or  nearly  so,  he  should  give 

1  In  the  house  of  representatives  of  Massachusetts,  where  each 
member's  seat  is  regularly  assigned  to  him,  and  numbered,  it  has 
been  found  useful,  in  deciding  upon  the  claims  of  several  competi- 
tors for  the  floor,  to  prefer  one  who  rises  in  his  place,  to  a  merabeT 
vho  addresses  the  speaker  from  the  area,  the  passageways,  ot  the 
seat  of  any  other  member. 


34  '    PARLIAMENTARY     PRACTICE. 

the  floor  to  the  member,  whose  voice  he  first 
heard.  If  his  decision  should  not  be  satisfac- 
tory, any  member  may  call  it  in  question, 
saying  that  in  his  opinion  such  a  member  (not 
the  one  named)  was  first  up,  and  have  the 
sense  of  the  assembly  taken  thereon,  as  to 
which  of  the  members  should  be  heard.  In 
this  case,  the  question  should  be  first  taken 
upon  the  name  of  the  member  announced  by 
the  presiding  officer;  and,  if  this  question 
should  be  decided  in  the  negative,  then  upon 
the  name  of  the  member  for  whom  the  floor 
was  claimed  in  opposition  to  him. 

48.  The  mode  of  proceeding  upon  such 
communications  from  persons  not  members, 
as  are  above  alluded  to,  may  be  explained  by 
that  adopted  on  the  presentation  of  a  petition 
which  may  be  considered  as  the  representative 
of  the  whole  class  to  which  it  belongs. 

49.  A  petition,  in  order  to  be  received,  should 
be  subscribed  by  the  petitioner  himself,  with 
his  own  hand,  either  by  name  or  mark,  except 
in  case  of  inability  from  sickness,  or  because 
the  petitioner  is  attending  in  person ;  and 
should  be  presented  or  offered,  not  by  the 
petitioner  himself,  but  by  some  member  to 
whom  it  is  intrusted   for  that  pliEOosf* 


PRESENTING    A    PETITION.  OO 

f10.  The  member,  who  presents  a  petition, 
should  previously  have  informed  himself  of  its 
contents,  so  as  to  be  able  to  state  the  substance 
of  it,  on  offering  it  to  the  assembly,  and  also 
to  be  prepared  to  say,  if  any  question  should 
be  made,  that  in  his  judgment  it  is  couched  in 
proper  language,  and  contains  nothing  inten- 
tionally disrespectful  to  the  assembly. 

51.  Being  thus  prepared,  the  member  rises 
in  his  place,  with  the  petition  in  his  hand,  and 
informs  the  assembly  that  he  has  a  certain 
petition,  stating  the  substance  of  it,  which  he 
thereupon  presents  or  offers  to  the  assembly, 
and.,  at  the  same  time  moves  (which,  however, 
may  be  done  by  any  other  member)  that  it 
be  received ;  this  motion  being  seconded,  the 
question  is  put  whether  the  assembly  will 
receive  the  petition  or  not.  This  is  the  regular 
course  of  proceeding ;  but,  in  practice,  there  is 
seldom  any  question  made  on  receiving  a  pe- 
tition; the  presiding  officer  usually  taking  it 
for  granted,  that  there  is  no  objection  to  the 
reception,  unless  it  be  slated.  If,  however, 
any  objection  is  made  to  a  petition,  before  it 
has  been  otherwise  disposed  of,  the  presiding 
officer  ought  to  retrace  his  steps  and  require  a 
motion  of  reception  to  be  regularly  made  and 
seconded.      [IF  317,1 


oG 


PARLIAMENTARY    PRACTICE. 


52.  If  the  question  of  reception  is  deter- 
mined in  the  affirmative,  the  petition  is  brought 
up  to  the  table  by  the  member  presenting  it: 
and  is  there  read  as  of  course  by  tht  clerk.  It 
is  then  regularly  before  the  assembly,  to  be 
dealt  with  as  it  thinks  proper ;  the  usual  course 
being  either  to  proceed  to  consider  the  subject 
of  it  immediately,  or  to  assign  some  future 
time  for  its  consideration,  or  to  order  it  to  lie 
on  the  table  for  the  examination  and  consider- 
ation of  the  members  individually. 

53.  Whenever  a  member  introduces  a  propo- 
sition of  Iris  own,  for  the  consideration  of  the 
assembly,  he  puts  it  into  the  form  he  desires 
it  should  have,  and  then  moves  that  it  be 
adopted  as  the  resolution,  order,  or  vote  of  the 
assembly.  If  this  proposition  so  far  meets  the 
approbation  of  other  members,  that  one  of 
them  rises  in  his  place  and  seconds  it,  it  may 
then  be  put  to  the  question ;  and  the  result, 
whether  affirmative  or  negative,  becomes  the 
judgment  of  the  assembly. 

54.  A  motion  must  be  submitted  in  writing; 
otherwise  the  presiding  officer  will  be  justified 
\n  refusing  to  receive  it ;  he  may  do  so,  how- 
ever, if  he  pleases,  and  is  willing  to  take  the 
trouble  himself  to  reduce  it  to  writing.     This 


MAKING    A    MOTION.  37 

rule  extends  only  to  principal  motions,  wliich, 
when  adopted,  become  the  act  and  express 
the  sense  of  the  assembly ;  but  not  to  subsidiary 
or  incidental  motions1  which  merely  enable 
the  assembly  to  dispose  of  the  former  in  the 
manner  it  desires,  and  which  are  always  in 
the  same  form.  In  the  case  of  a  motion  to 
amend,  which  is  a  subsidiary  motion,  the  rule 
admits  of  an  exception,  so  far  as  regards  the 
insertion  of  additional  words,  which,  as  well 
as  the  principal  motion,  must  be  in  writing. 

55.  A  motion  must  also  be  seconded,  that  is, 
approved  by  some  one  member,  at  least,  ex- 
pressing his  approval  by  rising  and  saying, 
that  he  seconds  the  motion ;  and  if  a  motion 
be  not  seconded,  no  notice  whatever  is  to  be 
taken  of  it  by  the  presiding  officer ;  though,  in 
practice,  very  many  motions,  particularly  those 
which  occur  in  the  ordinary  routine  of  business, 
are  admitted  without  being  seconded.  This 
rule  applies  as  well  to  subsidiary  as  principal 
motions.  The  seconding  of  a  motion  seems 
to  be  required,  on  the  ground,  that  the  time  of 
the  assembly  ought  not  to  be  taken  up  by  a 
question,  which,  for  any  thing  that  appears, 

1  Such  as,  lo  adjourn, — be  on  the  table,  —  for  the  previous  que* 
ti on,  —  for  postponement, —  commitment,  &c. 


38  PARLIAMENTARY    PRACTICE. 

has  no  one  in  its  favor  but  the  mover.  There 
are  some  apparent  exceptions  to  this  rule, 
which  will  be  stated  hereafter,  in  those  cases, 
in  which  one  member  alone  has  the  right  of 
instituting  or  giving  direction  to  a  particular 
proceeding ;  and  an  actual  exception  is  some- 
times made  by  a  special  rule,  requiring  certain 
motions  to  be  seconded  by  more  than  one 
member.     [IT  318.] 

56.  When  a  motion  has  been  made  and 
seconded,  it  is  then  to  be  stated  by  the  presid- 
ing officer  to  the  assembly,  and  thus  becomes 
a  question  for  its  decision ;  and,  until  so  stated 
it  is  not  in  order  for  any  other  motion  to  be 
made,  or  for  any  member  to  speak  to  it ;  but, 
when  moved,  seconded,  and  stated  from  the 
chair,  a  motion  is  in  the  possession  of  the 
assembly,  and  cannot  be  withdrawn  by  the 
mover,  but  by  special  leave  of  the  assembly, 
which  must  be  obtained  by  a  motion  made 
and  seconded  as  in  other  cases.     [IF  319.] 

57.  When  a  motion  is  regularly  before  the 
assembly,  it  is  the  duty  of  the  presiding  officer 
to  state  it,  if  it  be  not  in  writing,  or  to  cause  it 
to  be  read,  if  it  be,  as  often  as  any  membei 
desires  to  have  it  stated  or  read  for  his  in- 
formation 


MOTION  MADE  AND  STATED.        39 

58.  When  a  motion  or  proposition  is  regu- 
larly before  the  assembly,  no  other  motion  can 
be  received,  unless  it  be  one  which  is  previous 
in  its  nature  to  the  question  under  considera- 
tion, and  consequently  entitled  to  take  its 
place  for  the  time  being,  and  be  first  decided 


40  PARLIAMENTARY    PRACTICE 

CHAPTER   V 

OF  MOTIONS  LN  GENERAL. 

59.  When  a  proposition  is  made  to  a  deliber- 
ative assembly,  for  its  adoption,  the  proposition 
may  be  in  such  a  form  as  to  be  put  to  the 
question,  and  the  assembly  may  be  in  such  a 
state  as  to  be  willing  to  come  to  a  decision 
upon  it,  at  once ;  and  when  this  is  the  case, 
nothing  more  can  be  necessary  than  to  take 
the  votes  of  the  members,  and  ascertain  the 
result.  But  a  different  state  of  things  may 
and  commonly  does  exist ;  the  assembly  may 
prefer  some  other  course  of  proceeding  to  an 
immediate  decision  of  the  question  in  the  form 
in  which  it  is  presented ;  and,  as  it  is  proper 
that  every  parliamentary  body  should  have 
the  means  of  fitly  disposing  of  every  proposi- 
tion which  may  be  made  to  it,  certain  forms 
of  question  have  from  time  to  time  been  in- 
vented, and  are  now  in  general  use,  for  tha* 
purpose.  These  forms  of  question  may  prop- 
erly be  called  subsidiary,  in  order  to  distinguish 
them  from  the  principal  motion  or  question  to 
which  they  relate. 


SUBSIDIARY    MOTIONS.  41 

GO.  The  different  states  of  mind,  in  which  a 
proposition  may  be  received  by  a  deliberative 
assembly,  and  the  corresponding  forms  of  pro- 
ceeding, or  subsidiary  motions,  to  which  they 
give  rise,  in  order  to  ascertain  the  sense  of  the 
assembly,  are  the  following  :  — 

First.  The  assembly  may  look  upon  the 
proposition  as  useless  or  inexpedient ;  and  may 
therefore  desire  to  suppress  it,  either  for  a 
time,  or  altogether.  The  subsidiary  motions, 
for  this  purpose,  are  the  previous  question  and 
indefinite  postponement. 

Second.  The  assembly  may  be  willing  to 
entertain  and  consider  of  a,  proposition,  but 
not  at  the  time  when  it  is  made ;  either 
because  more  information  is  wanted  by  the 
members  individually ;  or  because  they  desire 
further  time  for  reflection  and  examination  ; 
or  because  the  assembly  is  then  occupied  with 
some  other  matter,  which  has  more  pressing 
alarms  upon  its  present  attention.  The  usual 
motions,  under  such  circumstances,  are  post- 
ponement to  some  future,  day  or  time,  and  to 
he  on  the  table. 

Third.  The  subject-matter  of  a  proposition 
may  be  regarded  with  favor,  but  the  form  in 
which  it  is  introduced  may  be  so  defective. 


42  PARLIAMENTARY    PRACTICE. 

that  a  more  careful  and  deliberate  consider 
ation,  than  can  conveniently  be  given  to  it  in 
the  assembly  itself,  may  be  necessary  to  put 
it  into  a  satisfactory  form.  In  this  case,  it  is 
most  proper  to  refer  the  proposition  to  a  com- 
mittee. 

Fourth  The  proposition  may  be  acceptable, 
and  the  form  in  which  it  is  presented  so  far 
satisfactory,  that  the  assembly  may  be  willing 
to  consider  and  act  upon  it,  with  such  altera- 
tions and  amendments  as  may  be  thought 
proper.  The  motion  adapted  to  tins  case  is 
to  amend. 

61.  It  is  not  to  be  supposed,  that  the  sub- 
sidiary motions  above  specified  are  the  only 
ones  that  have  at  any  time  been  adopted  or 
used ;  or  that  it  is  not  competent  to  a  delib- 
erative assembly  to  frame  new  motions  at 
pleasure ;  but  these  are  the  forms  in  most 
common  use,  and  are  entirely  sufficient  for  all 
practical  purposes1.     Neither  is  it  to  be  sup- 

1  It  is  usual,  in  legislative  assemblies,  to  provide  by  a  special  rule, 
both  as  to  the  particular  motions  to  be  used,  and  the  order  in  which 
they  may  be  made.  Thus,  the'rule  in  the  house  of  representatives 
of  congress,  (which  is  also  adopted  in  the  house  of  representatives 
of  .Massachusetts,)  is,  that,  "  when  a  question  is  under  debate,  no 
motion  shall  be  received,  but  to  adjourn,  to  lie  on  the  table,  for  the 
previous  question,  to  postpone  to  a  day  certain,  to  commit,  to  amend, 
to  postpone  indefinitely,  which  several  motions  shall  have  prece- 
dence in  the  order  in  wliich  they  arc  arranged." 


SUBSIDIARY    MOTIONS.  43 

posed,  that  these  motions  are  always  applied 
strictly  to  the  cases  to  which  they  most  appro- 
priately belong ;  several  of  them  are  frequently 
used  to  effect  purposes,  for  which  others  would 
be  more  proper.  These  misapplications  will 
be  taken  notice  of,  under  the  heads  of  the 
several  motions. 


44  PARLIAMENTARY    PRACTICE 

CHAPTER   IV. 

OF  MOTIONS   TO   SUPPRESS. 

62.  When  a  proposition  is  moved,  which,  il 
is  supposed,  may  be  regarded  by  the  assembly 
as  useless  or  inexpedient,  and  which  it  may 
therefore  be  desirous  to  get  rid  of,  such  propo- 
sition may  be  suppressed  for  a  time  by  means 
of  the  previous  question,  or  altogether  by  a 
motion  for  indefinite  postponement. 

Sect.  I.     Previous   Question. 

63.  The  original  and  proper  parliamentary 
use  of  the  previous  question  being,  as  above 
stated,  the  suppression  of  a  main  question,  it 
seems  proper  to  consider  it  as  one  of  the  sub- 
sidiary motions  for  that  purpose  ;  although,  in 
this  country,  it  has  been  perverted  to  a  wholly 
different  use,  namely,  the  suppression  of  de- 
bate. This  consideration,  in  connection  with 
the  difficulty  of  the  subject,  and  the  importance 
of  a  correct  understanding  of  it,  makes  it  propei 
to  devote  more  room  to  \-c  previous  question, 
than  needs  to  be  jnven  to  most  of  the  other 


PREVIOUS    QUESTION.  45 

subsidiary  motions.  It  will  first  be  considered 
according  to  its  original  use  and  intention ;  and, 
afterwards,  as  used  in  tins  country. 

64.  There  are  several  motions,  which  give 
rise  to  questions  previous  in  then  nature  to 
other  questions  to  which  they  relate ;  but  the 
term  previous  has  been  applied  exclusively  to 
a  motion  denominated  the  pievious  question, 
winch  has  for  its  object  the  suppression  of  a 
principal  motion  or  question.  This  motion 
was  introduced  into  the  house  of  commons,  in 
England,  more  than  two  centuries  ago,  for  the 
purpose  of  suppressing  subjects  of  a  delicate 
nature,  relating  to  high  personages,  or  the  dis 
cussion  of  which  might  call  forth  observations 
of  an  injurious  tendency.  When  first  made 
use  of,  the  form  of  the  motion  was,  shall  the 
main  question  be 'put  1  and  the  effect  of  a  de- 
cision of  it  in  the  negative  was  to  suppress  the 
main  question  for  the  whole  session.  The 
form  of  it  was  afterwards  changed  to  that 
which  it  has  at  present,  namely,  shall  the  main 
question  be  now  put  ?  and  the  effect  of  a  nega- 
tive decision  of  it  now  is  to  suppress  the  main 
question  for  the  residue  of  the  day  only.  The 
operation  of  this  motion,   in  suppressing  the 


46  PARLIAMENTARY    PRACTICE. 

question  to  which  it  is  applied,  results  from 
the  principle,  that  no  further  consideration  or 
discussion  can  regularly  be  had  of  a  subject, 
which  it  has  been  decided  shall  not  be  put 
to  fhe  question ;  and,  therefore,  when,  on  the 
molion  of  the  previous  question,  it  has  been 
decided,  that  the  principal  question  shall  not 
now  be  put,  that  question  is  disposed  of  for 
the  day,  and  cannot  be  renewed  until  the  next 
or  some  succeeding  day.  This  is  the  purpose 
for  which  the  previous  question  was  originally 
invented,  and  for  which  it  is  still  used  in  the 
British  parliament 

65.  But  the  previous  question  may  be  de- 
cided in  the  affirmative,  as  well  as  the  nega- 
tive, that  is,  that  the  main  question  shall  now 
be  put;  in  which  case,  that  question  is  to  be 
put  immediately,  without  any  further  debate, 
and  in  the  form  in  which  it  then  exists.  This 
operation  of  the  previous  question,  when  de- 
cided affirmatively,  has  led  to  the  use  of  it  for 
*he  purpose  of  suppressing  debate  on  a  prin- 
cipal question,  and  coming  to  a  vote  upon  it 
immediately;  and  this  is  ordinarily  the  only 
object  of  the  previous  question,  as  made  use 
nf  in  the  legislative  assemblies  of  the  United 


PREVIOUS    QUESTION.  47 

States 1 .  The  operation  of  a  negative  decision 
is  different  in  different  assemblies ;  in  some, 
as,  for  example,  in  the  house  of  representa- 
tives of  congress,  it  operates  to  dispose  of  the 
principal  or  main  question  by  suppressing  or 
removing  it  from  before  the  house  for  the  day ; 
but  in  others,  as  in  the  house  of  representa- 
tives of  Massachusetts,  and  in  the  house  of 
assembly  of  New  York,  (in  the  former  by 
usage  only,  and  in  the  latter  by  a  rule,)  the 
effect  of  a  negative  decision  of  the  previous 
question  is  to  leave  the  main  question  under 
debate  for  the  residue  of  the  sitting,  unless 
sooner  disposed  of,  by  taking  the  question,  or 
in  some  other  manner. 

6G.  In  England,  the  previous  question  is 
used  only  for  suppressing  a  main  question ; 
the  object  of  the  mover  is  to  obtain  a  decision 
of  it  in  the  negative ;  and  the  effect  of  such  a 
decision,  though  in  strictness  only  to  suppress 
the  question  for  the  day,  is,  practically  and  by 

1  Mr.  Jefferson  (Manual,  $  xxxiv.)  considers  this  extension  of  the 
previous  question  as  an  abuse.  He  is  of  opinion,  that ;;  its  uses  would 
be  as  well  answered  by  other  more  simple  parliamentary  forms, 
and  therefore  it  should  not  be  favored,  hut  restricted  within  as  nar- 
row limits  as  possible."  Notwithstanding  this  suggestion,  however, 
the  use  of  the  previous  question,  as  above  stated,  has  become  so 
Grmly  established,  that  it  cannot  now  be  disturbed  or  unsettled. 


48  PARLIAMENTARY    PRACTICE. 

parliamentary  usage,  to  dispose  of  the  subject 
altogether.  In  tins  country,  the  previous  ques- 
tion is  used  chiefly  for  suppressing  debate 
on  a  main  question;  the  object  of  the  mover 
is  to  obtain  a  decision  of  it  in  the  affirmative ; 
and  the  effect  of  a  decision  the  other  way, 
though  in  some  assemblies  operating  techni- 
cally to  suppress  the  main  question  for  the  day 
only,  is,  in  general,  merely  to  suspend  the 
taking  of  the  question  for  that  day ;  either 
leaving  the  debate  to  go  on  during  the  residue 
of  the  day,  or  the  subject  to  be  renewed  on 
the  next  or  some  other  day.  The  operation 
of  an  affirmative  decision  is  the  same,  in  both 
countries,  namely,  the  putting  of  the  main 
question  immediately,  and  without  further 
debate,  delay,  or  consideration. 

Sect.  II.     Indefinite    Postponement. 

67.  In  order  to  suppress  a  question  alto- 
gether, without  coming  to  a  direct  vole  upon 
it,  in  such  a  manner  that  it  cannot  be  renewed, 
the  proper  motion  is  for  indefinite  postpone- 
ment; that  is,  a  postponement  or  adjournment 
of  the  question,  without  fixing  any  day  for  re- 
suming it.    The  effect  of  this  motion,  if  decided 


INDEFINITE    POSTPONEMENT  49 

in  the  affirmative,  is  to  quash  the  proposition 
entirely ;  as  an  indefinite  adjournment  is 
equivalent  to  a  dissolution,  or  the  continuance 
of  a  suit,  without  day,  is  a  discontinuance  of  it 
A  negative   decision  has  no  effect  whatever. 


50  PARLIAMENTARY    PRACTICE. 

CHAPTER   VII. 

OF  MOTIONS  TO  POSTTONE. 

68.  If  the  assembly  is  willing  to  entertain 
and  consider  a  question,  but  not  at  the  time 
when  it  is  moved,  the  proper  course  is  eithci 
to  postpone  the  subject  to  another  day,  or  to 
order  it  to  lie  on  the  table. 

69.  When  the  members  individually  want 
more  information  than  they  possess,  at  the 
time  a  question  is  moved,  or  desire  further 
time  for  reflection  and  examination,  the  proper 
motion  is,  to  postpone  the  subject  to  such 
future  day  as  will  answer  the  views  of  the 
assembly. 

70.  This  motion  is  sometimes  used  improp- 
erly, to  get  rid  of  a  proposition  altogether,  as 
would  be  done  by  an  indefinite  postponement. 
Tli is  is  effected  by  fixing  upon  a  day,  which, 
according  to  the  common  course  of  things,  will 
not  arrive  until  after  the  assembly  has  been 
brought  to  a  close.  But  a  motion,  worded  in 
this  manner,  is  precisely  equivalent  to  a  motion 
for  indefinite  postponement,  and  should  be  so 
considered  and  treated. 


LIE    ON    THE    TABLE.  5i 

71.  If  the  assembly  has  something  else  be- 
fore it,  which  claims  its  present  attention,  and 
is  therefore  desirous  to  postpone  a  particular 
proposition,  until  that  subject  is  disposed  of, 
such  postponement  may  be  effected  by  means 
of  a  motion  that  the  matter  in  question  he  on 
the  table.  If  this  motion  prevails,  the  subject 
so  disposed  of  may  be  taken  up,  at  any  time 
afterwards,  and  considered,  when  it  may  suit 
the  convenience  of  the  assembly.     [IF  320.] 

72.  This  motion  is  also  sometimes  made  use 
of  for  the  final  disposition  of  a  subject;  and,  it 
always  has  that  effect,  when  no  motion  ik 
afterwards  made  to  take  it  up. 


52  PARLIAMENTARY    PRACTICE. 

CHAPTER   VIII. 

OF  MOTIONS   TO   COMMIT. 

73.  The  third  case  for  the  use  of  a  sub- 
sidiary  motion,  as  already  stated,  occurs,  when 
the  subject-matter  of  a  proposition  is  regarded 
with  favor,  but  the  form  in  which  it  is  intro- 
duced is  so  defective,  that  a  more  careful  and 
deliberate  consideration  is  necessary,  than  can 
conveniently  be  given  to  it  in  the  assembly 
itself,  in  order  to  put  it  into  a  satis factoiy  form. 
The  course  of  proceeding  then  is,  to  refer  the 
subject  to  a  committee ;  which  is  called  a  com- 
mitment, or,  if  the  subject  has  already  been  in 
the  hands  of  a  committee,  a  recommitment. 

74.  If  there  is  a  standing  committee  of  the 
assembly,  whose  functions  embrace  the  subject 
in  question,  the  motion  should  be  to  refer  it  to 
that  committee  ;  if  there  is  no  such  committee, 
then  the  motion  should  be  to  refer  to  a  select 
committee.  If  it  is  a  matter  of  doubt,  whether 
a  particular  standing  committee  is  appropriate 
or  not,  a  nd  propositions  are  made  for  a  reference 
to  that  committee,  and  also  for  a  reference  to 


COMMITMENT  53 

a    select   committee,    the    former  proposition 
should  be  first  put  to  the  question. 

75.  When  a  subject  is  referred  or  recommit 
ted,  the  committee  may  be  instructed  or  ordered 
by  the  assembly,  as  to  any  part  or  the  whole 
of  the  duties  assigned  them;  or  the  subject 
may  be  left  with  them  without  instructions. 
In  the  former  case,  the  instructions  must  be 
obeyed,  of  course ;  in  the  latter,  the  committee 
have  full  power  over  the  matter,  and  may 
report  upon  it,  in  any  manner  they  please, 
provided  they  keep  within  the  recognized 
foims  of  parliamentary  proceedings.  [%  321.] 

76.  A  part  only  of  a  subject  may  be  commit- 
ted, without  the  residue  ;  or  different  parts  m3y 
be  committed  to  different  committees. 

77.  A  commitment  with  instructions  is  some- 
times made  use  of,  as  a  convenient  mode  of 
procuring  further  information,  and,  at  the  same 
time,  of  postponing  the  consideration  of  a 
subject  to  a  future  though  uncertain  day. 


64  PARLIAMENTARY    PRACTICE. 

CHAPTER    IX. 

OF  MOTIONS  TO  AMEND. 

78.  The  last  case,  for  the  introduction  of 
subsidiary  motions,  is  when  the  assembly  is 
satisfied  with  the  subject-matter  of  a  proposi- 
tion, but  not  with  the  form  of  it,  or  with  all  its 
different  parts,  or  desires  to  make  some  ad- 
dition to  it.  The  course  of  proceeding  then 
is,  to  bring  the  proposition  into  the  proper 
form,  and  make  its  details  satisfactory,  by 
means  of  amendments,  or  of  certain  proceed- 
ings of  a  similar  character,  and  having  the 
same  general  purpose  in  view.  The  latter  will 
be  first  considered. 

Sect.  I     Division  of  a   Question. 

79.  When  a  proposition  or  motion  is  com- 
plicated, that  is,  composed  of  two  or  more 
parts,  which  are  so  far  independent  of  each 
other,  as  to  be  susceptible  of  division  into 
several  questions,  and  it  is  supposed  that  the 
assembly  may  approve  of  some  but  not  of 
\\]  these  parts,  it  is  a  compendious  mode  of 


iH  VIS  I  ON     OF     QUESTION.  5o 

amendment,  to  divide  the  motion  into  separate 
questions,  to  be  separately  voted  upon  and 
decided  by  the  assembly.  This  division  may 
lake  place  by  the  order  of  the  assembly,  on  a 
motion  regularly  made  and  seconded  for  the 
purpose. 

80.  When  a  motion  is  thus  divided,  it  be- 
comes a  series  of  questions,  to  be  considered 
and  treated  each  by  itself,  as  an  independent 
proposition,  in  the  order  in  which  they  stand ; 
and  when  they  have  all  been  gone  through 
with  and  decided,  the  result  will  be  the  same, 
as  if  motions  to  amend  by  striking  out  the 
several  parts  had  been  made  and  put  to  the 
question.  When  a  motion  for  a  division  is 
made,  the  mover  ought  to  specify  in  his  motion 
the  manner  in  which  he  proposes  to  make  the 
division  ;  and  this  motion,  like  every  other  of 
the  nature  of  an  amendment,  is  itself  suscep- 
tible of  amendment. 

81.  It  is  sometimes  asserted,  that  it  is  the 
right  of  every  individual  member  to  have  a 
complicated  question  (provided  it  is  susceptible 
of  division)  divided  into  its  several  parts,  and 
a  question  put  separately  on  each,  on  his  mere 
demand,  and  without  any  motion  or  any  vote 
of  the  assembly  for  that  purpose.    But  this  is  a 


56  PARLIAMENTARY    PRACTICE. 

mistake ;  there  is  no  such  rule  of  parliamentary 
proceeding ;  a  complicated  question  can  only 
be  separated  by  moving  amendments  to  it  in 
the  usual  manner,  or  by  moving  for  a  division 
of  it  in  the  manner  above  stated. 

82.  It  is  not  unusual,  however,  for  a  delib- 
erative assembly  to  have  a  rule  providing  for 
the  division  of  a  complicated  question  (pro- 
vided it  is  susceptible  of  division)  into  its 
several  parts,  upon  the  demand  of  a  member 
When  this  is  the  case,  it  is  for  tlit,  presiding 
officer  (subject  of  course  to  the  revision  of  the 
assembly)  to  decide,  when  the  division  of  a 
motion  is  demanded,  first,  whether  the  propo- 
sition is  susceptible  of  division,  and,  secondly; 
into  how  many  and  what  parts  it  may  be 
divided. 

83.  A  proposition,  in  order  to  be  divisible, 
must  comprehend  points  so  distinct  and  entire, 
that  if  one  or  more  of  them  be  taken  away,  the 
others  may  stand  entire  and  by  themselves ; 
but  a  qualifying  paragraph,  as,  for  example,  an 
exception  or  a  proviso,  if  separated  from  the 
general  assertion  or  statement  to  which  it 
belongs,  does  not  contain  an  entire  point  oi 
proposition 


FILLING    BLANKS.  57 

Sect.  II.     Filling  Blanks. 

84.  It  often  happens,  that  a  proposition  is 
ntroduced  with  blanks  purposely  left  by  the 

mover  to  be  filled  by  the  assembly,  either  with 
times  and  numbers,  or  with  provisions  analogous 
to  those  of  the  proposition  itself.  In  the  latter 
case,  blanks  are  filled  in  the  same  way,  that 
other  amendments  by  the  insertion  of  words 
are  made.  In  the  former,  propositions  to  fill 
blanks  are  not  considered  as  amendments  to 
the  question,  but  as  original  motions,  to  be 
made  and  decided  before  the  principal  question. 

85.  When  a  blank  is  left  to  be  filled  witn  a 
time  or  number,  motions  may  be  made  for  that 
purpose,  and  the  question  taken  on  each  by 
itself,  and  before  another  is  made ;  or  several 
motions  may  be  made  and  pending  before  any 
of  them  are  put  to  the  question.  This  last 
mode  of  proceeding,  which  is  the  most  usual 
as  well  as  convenient,  requires  that  the  several 
propositions  should  be  arranged,  and  the  ques- 
tion taken  on  them,  in  such  order  as  will  the 
soonest  and  with  the  most  certainty  enable  the 
assembly  to  come  to  an  agreement 

86.  In  determining  upon  the  orcUi  to  be 
adopted,  the  object  is  not  to  begin  at  that  qx- 


58  PARLIAMENTARY    PRACTICE. 

treme,  which  and  more  being  within  every 
man's  wish,  no  one  can  vote  against  it,  and, 
yet,  if  it  should  be  carried  in  the  affirmative, 
every  question  for  more  would  be  precluded : 
■>ut,  at  that  extreme,  which  will  be  likely  to 
unite  the  fewest,  and  then  to  advance  or 
recede,  until  a  number  or  time  is  reached, 
which  will  unite  a  majority. 

87  Hence,  when  several  different  proposi- 
tions are  made  for  filling  blanks  with  a  time 
or  number,  the  rule  is,  that  if  the  larger  com- 
prehends the  lesser,  as  in  a  question  to  what 
day  a  postponement  shall  take  place,  —  the 
number  of  which  a  committee  shall  consist,  — 
the  amount  of  a  fine  to  be  imposed,  —  the  term 
of  an  imprisonment,  —  the  term  of  irredeema- 
bility  of  a  loan,  —  or  the  terminus  in  quern  in 
any  other  case,  the  question  must  begin  a 
maxi?no,  and  be  first  taken  upon  the  greatest  or 
farthest,  and  so  on  to  the  least  or  nearest,  until 
the  assembly  comes  to  a  vote :  But,  if  the  lesser 
includes  the  greater,  as  in  questions  on  the 
limitation  of  the  rate  of  interest,  —  on  the 
amount  of  a  tax,  —  on  what  day  the  session 
of  a  legislative  assembly  shall  be  closed,  by 
ixljournment, —  on  what  day  the  next  session 
shall   commence,  —  or  the  terminus  a  quo  in 


ADUIilON  SEPARATION.  59 

any  other  case,  the  question  must  begin  a 
minimo,  and  be  first  taken  on  the  least  or 
nearest,  and  so  on  to  the  greatest  or  most  re- 
mote, until  the  assembly  comes  to  a  vote1. 

Sect.  III.     Addition,  —  Separation,  — 
Transposition. 

58.  When  the  matters  contained  in  two 
separate  propositions  might  be  better  put  into 
one,  the  mode  of  proceeding  is,  to  reject  one 
of  them,  and  then  to  incorporate  the  substance 
of  it  with  the  other  by  way  of  amendment.  A 
better  mode,  however,  if  the  business  of  the 
assembly  will  admit  of  its  being  adopted,  is  to 
refer  both  propositions  to  a  committee,  with  in- 
structions to  incorporate  them  together  in  one. 

59.  So,  on  the  other  hand,  if  the  matter  of 
one  proposition  would  be  more  properly  dis- 
tributed into  two,  any  part  of  it  may  be  struck 
out  by  way  of  amendment,  and  put  into  the 


1  The  above  is  the  rule  as  laid  down  by  Mr.  Jefferson  ($  33),  and 
holds  where  it  is  not  superseded  by  a  special  rule,  which  is  gener- 
ally the  case  in  our  legislative  assemblies;  as,  for  example,  in  the 
senate  of  the  United  States,  the  rule  is,  that  in  filling  bianks,  the 
'■argest  sum  and  longest  time  shall  be  first  put.  In  the  house  of 
eommo.is,  in  England,  the  rule  established  by  usage  is,  that  the 
vnalksl  sum  and  the  longest  time  shall  be  first  puL 


60  PARLIAMENTARY    PRACTICE. 

form  of  a  new  and  distinct  proposition.  But 
in  tins,  as  in  the  former  case,  a  better  mode 
would  generally  be  to  refer  the  subject  to  a 
committee. 

90.  In  like  manner,  if  a  paragraph  or  section 
requires  to  be  transposed,  a  question  must  be 
put  on  striking  it  out  where  it  stands,  and 
another  for  inserting  it  in  the  place  desired. 

91.  The  numbers  prefixed  to  the  several 
sections,  paragraphs,  or  resolutions,  which 
constitute  a  proposition,  are  merely  marginal 
indications,  and  no  part  of  the  text  of  the 
proposition  itself;  and,  if  necessary,  they  may 
be  altered  or  regulated  by  the  clerk,  without 
any  vote  or  order  of  the  assembly. 

Sect.  IV.     Modification   or  Amendment 
by  the   Mover. 

92.  The  mover  of  a  proposition  is  sometimes 
allowed  to  modify  it,  after  it  has  been  stated 
as  a  question  by  the  presiding  officer ;  but,  as 
this  is  equivalent  to  a  withdrawal  of  the  mo. 
tion,  in  order  to  substitute  another  in  its  place ; 
anl,  since,  as  has  already  been  seen,  a  motion 
regularly  made,  seconded,  and  proposed,  can- 
not be  withdrawn  without  leave;  it  is  clear 

* 


AMENDMENTS.  61 

that  the  practice  alluded  to  rests  only  upon 
general  consent ;  and.  that,  if  objected  to,  the 
mover  of  a  proposition  must  obtain  the  per- 
mission of  the  assembly,  by  a  motion  and 
question  for  the  purpose,  in  order  to  enable 
him  to  modify  his  proposition. 

93.  So.  too,  when  an  amendment  has  been 
regularly  moved  and  seconded,  it  is  sometimes 
the  practice  for  the  mover  of  the  proposition 
to  which,  it  relates  to  signify  his  consent  to  it, 
and  for  the  amendment  to  be  thereupon  made, 
without  any  question  being  taken  upon  it  by 
the  assembly.  As  this  proceeding,  however, 
is  essentially  the  same  with  that  described  in 
the  preceding  paragraph,  it,  of  course,  rests 
upon  the  same  foundation,  and  is  subject  to 
the  same  rule.     [1F  322.] 

Sect.  V.     General  Rules  relating  to 
Amendments. 

94.  All  amendments,  of  which  a  proposition 
is  susceptible,  so  far  as  form  is  concerned, 
may  be  effected  in  one  of  three  ways,  namely, 
either  by  inserting  or  adding  certain  words . 
or  by  striking  out  certain  words ;  or  by  striking 
out   certain   words,    and    inserting   or   adding 


62  PARLIAMENTARY    PRACTICE 

others.  These  several  forms  of  amendment 
are  subject  to  certain  general  rules,  which, 
being  equally  applicable  to  them  all,  require 
to  be  stated  beforehand. 

95.  First  Rule.  When  a  proposition  consists 
of  several  sections,  paragraphs,  or  resolutions, 
the  natural  order  of  considering  and  amending 
it  is  to  begin  at  the  beginning,  and  to  proceed 
through  it  in  course  by  paragraphs ;  and  when 
a  latter  part  has  been  amended,  it  is  not  in 
order  to  recur  back,  and  make  any  alteration 
or  amendment  of  a  former  part. 

96.  Second  Rule.  Every  amendment,  which 
can  be  proposed,  whether  by  striking  out,  or 
inserting,  or  striking  out  and  inserting,  is  itself 
susceptible  of  amendment;  but  there  can  be 
no  amendment  of  an  amendment  to  an  amend- 
ment; this  would  be  such  a  piling  of  questions 
one  upon  another,  as  would  lead  to  great  em- 
barrassment ;  and  as  the  line  must  be  drawn 
somewhere,  it  has  been  fixed  by  usage  after 
the  amendment  to  the  amendment.  The 
object,  which  is  proposed  to  be  effected  by 
such  a  proceeding,  must  be  sought  by  rejecting 
the  amendment  to  the  amendment,  in  the  form 
in  which  it  is  proposed,  and  then  moving  it 
asrain  in  the  form  in  which  it  is  wished  to  be 


AMENDMENTS.  63 

amended,  in  which  it  is  only  an  amendment 
to  an  amendment ;  and  in  order  to  accomplish 
this,  he  who  desires  to  amend  an  amendment 
should  give  notice,  that,  if  rejected,  in  the 
form  in  which  it  is  presented,  he  shall  move 
it  again  in  the  form  in  which  he  desires  to 
have  it  adopted. 

97.  Thus,  if  a  proposition  consist  of  A  B, 
and  it  is  proposed  to  amend  by  inserting  C  D, 
it  may  be  moved  to  amend  the  amendment 
by  inserting  E  F;  but  it  cannot  be  moved 
to  amend  this  amendment,  as,  for  example,  by 
inserting  G.  The  only  mode,  by  which  this 
can  be  reached,  is  to  reject  the  amendment  in 
the  form  in  which  it  is  presented,  namely,  to 
insert  E  F,  and  to  move  it  in  the  form  in 
which  it  is  desired  to  be  amended,  namely,  to 
insert  E  G  F. 

98.  Third  Rule.  Whatever  is  agreed  to  by 
the  assembly,  on  a  vote,  either  adopting  or 
rejecting  a  proposed  amendment,  cannot  be 
afterwards  altered  or  amended. 

99.  Thus,  if  a  proposition  consist  of  A  B, 
and  it  is  moved  to  insert  C ;  if  the  amendment 
prevail,  C  cannot  be  afterwards  amended,  be- 
cause it  has  been  agreed  to  in  that  form  ; 
and,  so,  if  it  is  moved  to  strike  out  B,  and  the 

5 


64  PARLIAMENTARY    PRACTICE. 

amendment  is  rejected,  B  cannot  afterwards 
be  amended,  because  a  vote  against  striking  it 
out  is  equivalent  to  a  vote  agreeing  to  it  as  it 
stands. 

100.  Fourth  Rule.  Whatever  is  disagreed  to 
by  the  assembly,  on  a  vote,  cannot  be  after- 
wards moved  again.  This  rule  is  the  converse 
of  the  preceding,  and  may  be  illustrated  in  the 
same  manner. 

10  i.  Thus,  if  it  is  moved  to  amend  A  B  by 
inserting  C,  and  the  amendment  is  rejected, 
C  cannot  be  moved  again;  or,  if  it  is  moved 
to  amend  A  B  by  striking  out  B,  and  the 
amendment  prevails,  B  cannot  be  restored, 
because,  in  the  first  case,  C,  and,  in  the  other, 
B,  have  been  disagreed  to  by  a  vote. 

102.  Fifth  Rule  The  inconsistency  or  in- 
compatibility of  a  proposed  amendment  with 
one  which  has  already  been  adopted,  is  a  fit 
ground  for  its  rejection  by  the  assembly,  but. 
not  for  the  suppression  of  it  by  the  presiding 
officer,  as  against  order ;  for,  if  questions  of 
this  nature  were  allowed  to  be  brought  within 
the  jurisdiction  of  the  presiding  officer,  as 
matters  of  order,  he  might  usurp  a  negative 
on  important  modifications,  and  suppress  oi 
embarrass  instead  of  subserving  the  will  of 
the  assemblv. 


AMENDMENTS.  65 

Sect.    VI.     Amendments  by  striking  out. 

103.  If  an  amendment  is  proposed  by  strik- 
ing out  a  particular  paragraph  or  certain  words, 
and  the  amendment  is  rejected,  it  cannot  be 
again  moved  to  strike  out  the  same  words  or 
a  part  of  them ;  but  it  may  be  moved  to  strike 
out  the  same  words  with  others,  or  to  strike 
out  a  part  of  the  same  words  with  others,  pro- 
vided the  coherence  to  be  struck  out  be  so 
substantial,  as  to  make  these,  in  fact,  different 
propositions  from  the  former. 

104.  Thus,  if  a  proposition  consist  of  A  B  C 
D,  and  it  is  moved  to  strike  out  B  C ;  if  tins 
amendment  is  rejected,  it  cannot  be  moved 
again ;  but  it  may  be  moved  to  strike  out  A  B, 
or  A  B  C,  or  B  C  D  or  C  D. 

105.  If  an  amendment  by  striking  out  is 
agreed  to,  it  cannot  be  afterwards  moved  to 
insert  the  same  words  struck  out  or  a  part  of 
them ;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  part  of  the  same  words 
with  others,  provided  the  coherence  to  be 
inserted  make  these  propositions  substantially 
different  from  the  first. 

106.  Thus,  if  the  proposition  A  B  C  D  is 
amended  by  striking  out  B  C,  it  cannot  be 


66  PARLIAMENTARY      PRACTICE. 

moved  to  insert  B  C  again ;  but  it  may  be 
moved  to  insert  B  C  with  other  words,  or  B 
with  others,  or  C  with  others. 

107.  When  it  is  proposed  to  amend  by 
striking  out  a  particular  paragraph,  it  may  be 
moved  to  amend  this  amendment,  in  tlnee 
different  ways,  namely,  either  by  striking  out 
a  part  only  of  the  paragraph,  or  by  inserting 
or  adding  words,  or  by  striking  out  and  in- 
serting. 

108.  Thus,  if  it  is  moved  to  amend  the 
proposition  A  B  C  D,  by  striking  out  B  C,  it 
may  be  moved  to  amend  this  amendment  by 
striking  out  B  only  or  C  only,  or  by  inserting 
E,  or  by  striking  out  B  or  C,  and  inserting  E. 

109.  In  the  case  of  a  proposed  amendment 
by  striking  out,  the  effect  of  voting  upon  it, 
whether  it  be  decided  in  the  affirmative  or 
negative,  according  to  the  third  and  fourth 
rules  above  mentioned,  renders  it  necessary  for 
those  who  desire  to  retain  the  paragraph  to 
amend  it,  if  any  amendment  is  necessary, 
before  the  vote  is  taken  on  striking  out;  as, 
if  struck  out,  it  cannot  be  restored,  and,  if 
retained,  it  cannot  be  amended. 

110.  As  an  amendment  must  necessarily  be 
put  to  the  question  before  the  principal  motion ; 


AMENDMENTS.  67 

60  the  question  must  be  put  on  an  amend- 
ment to  an  amendment  before  it  is  put  on  the 
amendment;  but,  as  tins  is  the  extreme  limit 
to  which  motions  may  be  put  upon  one 
another,  there  can  be  no  precedence  of  one 
over  another  among  amendments  to  amend- 
ments ;  and,  consequently,  they  can  only  be 
moved,  one  at  a  time,  or,  at  all  events,  must 
be  put  to  the  question  in  the  order  in  which 
they  are  moved. 

111.  When  a  motion  for  striking  out  words 
is  put  to  the  question,  the  parliamentary  form 
always  is,  whether  the  words  shall  stand  as  part 
of  the  principal  motion,  and  not  whether  they 
shall  be  struck  out.  The  reason  for  tins  form 
of  stating  the  question  probably  is,  that  the 
question  may  be  taken  in  the  same  maimer 
on  a  part  as  on  the  whole  of  the  principal 
motion ;  winch  would  not  be  the  case,  if  the 
question  was  stated  on  striking  out ;  inasmuch 
as  the  question  on  the  principal  motion,  when 
it  comes  to  be  stated,  will  be  on  agreeing  to  it, 
and  not  on  striking  out  or  rejecting  it.  Be- 
sides, as  an  equal  division  of  the  assembly 
would  produce  a  different  decision  of  the  ques 
tion,  according  to  the  manner  of  stating  it,  it 
might  happen,  if  the  question  on  the  amend- 


58  PARLIAMENTARY    PRACTICE. 

ment  was.  stated  on  striking  out,  that  the  same 
question  would  be  decided  both  affirmatively 
and  negatively  by  the  same  vote * . 

112.  On  a  motion  to  amend  by  striking  out 
certain  words,  the  manner  of  stating  the  ques- 
tion is,  first  to  read  the  passage  proposed  to  be 
amended,  as  it  stands ;  then  the  words  pro- 
posed to  be  struck  out ;  and,  lastly,  the  whole 
passage  as  it  will  stand  if  the  amendment  is 
adopted,     [f  323.] 

Sect.  VII.     Abiendments  by  inserting. 

113.  If  an  amendment  is  proposed  by  in- 
serting or  adding  a  paragraph  or  words,  and 
the  amendment  is  rejected,  it  cannot  be  moved 
again  to  insert  the  same  words  or  a  part  of 
them ;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  part  of  the  same  words 
with  others,  provided  the  coherence  really 
make  them  different  propositions. 

1 14.  Thus,  if  it  is  moved  to  amend  the  propo- 
sition A  B  by  inserting  C  D,  and  the  amend- 
ment is  rejected,  C  D  cannot  be  again  moved; 


i  The  common,  if  not  the  only,  mode  of  stating  the  question,  in 
the  legislative  assemblies  of  this  country,  is  on  striking  out 


AMENDMENTS. 


69 


but  it  may  be  moved  to  insert  C  E,  or  D  E,  or 
CDE. 

115.  If  it  is  proposed  to  amend  by  inserting 
a  paragraph,  and  the  amendment  prevails,  it 
cannot  be  afterwards  moved  to  strike  out  the 
same  words  or  a  part  of  them ;  but  it  may  be 
moved  to  strike  out  the  same  words  with 
others l ,  or  a  part  of  the  same  words  with 
others,  provided  the  coherence  be  such  as  to 
make  these  propositions  really  different  from 
the  first. 

116.  Thus,  if  in  the  example  above  sup- 
posed, the  amendment  prevails,  and  C  D  is 
inserted,  it  cannot  be  afterwards  moved  to 
strike  out  C  D,  but  it  may  be  moved  to  strike 
out  A  C  or  A  C  D,  or  D  B,  or  C  D  B. 

117.  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  this  amendment  may  be 
amended  in  three  different  ways,  namely, 
either  by  striking  out  a  part  of  the  paragraph; 
or  by  inserting  something  into  it ;  or  by  strik- 
ing out  and  inserting. 

118.  Thus,  if  it  is  proposed  to  amend  A  B 
by  inserting  C  D,   tin's  amendment    may  be 


•  This  is  the  common  case  of  striking  out  a  paragraph,  aftef 
having  amended  it  by  inserting  words 


70  PARLIAMENTARY    PRACTICE 

amended  either  by  striking  out  C  or  D,  or 
inserting  E,  or  by  striking  out  C  or  D  and 
inserting  E. 

119.  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  those  who  are  in  favor  of 
the  amendment  should  amend  it,  if  necessary, 
befo/e  the  question  is  taken  ;  because  if  it  is 
rejected,  it  cannot  be  moved  again,  and,  if 
received,  it  cannot  be  amended. 

120.  There  is  no  precedence  of  one  over 
another  in  amendments  to  amendments  by 
inserting,  any  more  than  in  amendments  to 
amendments  by  striking  out. 

121.  On  amotion  to  amend  by  inserting  a 
paragraph,  the  manner  of  stating  the  question 
is,  first  to  read  the  passage  to  be  amended,  as 
it  stands ;  then  the  words  proposed  to  be  in 
serted ;  and,  lastly,  the  whole  passage  as  it 
wall  stand  if  the  amendment  prevails. 

Sect.  VIII.     Amendments  by  striking  out 

AND    INSERTING. 

122.  The  third  form  of  amending  a  propo- 
sition, namely,  by  striking  out  certain  word-? 
and  inserting  others  in  their  place,  is,  in  fact, 
a  combination  of  the  other  two  forms ;  and  may 


AMENDMENTS.  71 

accordingly  be  divided  into  those  two  forms, 
either  by  a  vote  of  the  assembly,  or  on  the 
demand  of  a  member,  under  a  special  rule  to 
that  effect1,     [f  328.] 

123.  If  the  motion  is  divided,  the  question 
is  first  to  be  taken  on  striking  out ;  and  if  that 
ts  decided  in  the  affirmative,  then,  on  inserting ; 
but  if  the  former  is  decided  in  the  negative, 
the  latter  falls,  of  course.  On  a  division,  the 
proceedings  are  the  same,  in  reference  to  each 
branch  of  the  question,  beginning  with  the 
striking  out,  as  if  each  branch  had  been 
moved  by  itself. 

124.  If  the  motion  to  strike  out  and  insert 
is  put  to  the  question  undivided,  and  is  decided 
in  the  negative,  the  same  motion  cannot  be 
made  again ;  but,  it  may  be  moved  to  strike 
out  the  same  words,  and,  1,  insert  nothing; 
2,  insert  other  words ;  3,  insert  the  same  words 
with  others ;  4,  insert  a  part  of  the  same  words 
with  others ;  5,  strike  out  the  same  words  with 
others,  and  insert  the  same ;   6,  strike  out  a 


1  Mr.  Jefferson  (§  xxxv.)  says,  "  the  question,  if  desired,  is  then  ta 
bo.  divided,''  &c.  ;  but,  as  he  makes  no  exception  of  a  motion  to 
Birike  out  and  insert,  when  treating  of  the  subject  of  division,  and 
does  not  here  state  it  as  an  exception,  he  undoubtedly  supposes  thd 
division  in  this  case  to  be  made  in  the  tegular  and  usual  manner. 


12  PARLIAMENTARY    PRACTICE. 

part  of  the  same  words  with  others,  and  insert 
the  same ;  7,  strike  out  other  words  and  insert 
the  same ;  and,  S,  insert  the  same  words. 
\viLhont  striking  out  any  thing. 

3  25.  If  the  motion  to  strike  out  and  insert  is 
decided  in  the  affirmative,  it  cannot  be  then 
moved  to  insert  the  words  struck  out  or  a  part 
of  them,  or  to  strike  out  the  words  inserted,  or 
a  part  of  them;  but,  it  may  be  moved,  1,  to 
insert  the  same  words  with  others  ;  2,  to  insert  a 
part  of  the  same  words  with  others  ;  3,  to  strike 
out  the  same  words  with  others ;  or,  4,  to  strike 
out  a  part  of  the  same  words  with  others. 

126.  When  it  is  proposed  to  amend  by 
striking  out  and  inserting,  this  amendment 
may  be  amended  in  three  different  ways  in 
the  paragraph  proposed  to  be  struck  out,  and 
also  in  the  paragraph  proposed  to  be  inserted, 
namely,  by  striking  out,  or  inserting,  or  striking 
out  and  inserting.  And  those  who  are  in  favoi 
of  either  paragraph  must  amend  it,  before  the 
question  is  taken,  for  the  reasons  already 
stated,  namely,  that,  if  decided  in  the  affirma- 
tive, the  part  struck  out  cannot  be  restored, 
nor  can  the  part  inserted  be  amended ;  and,  if 
decided  in  the  negative,  the  part  proposed  to 
be  struck  out  cannot  be  amended,  nor  can  the 


AMENDMENTS.  73 

paragraph  proposed  to  be  inserted  be  moved 
again. 

127.  On  a  motion  to  amend,  by  striking  out 
certain  words  and  inserting  others,  the  manner 
of  stating  the  question  is  first  to  read  the  whole 
passage  to  be  amended,  as  it  stands ;  then  the 
words  proposed  to  be  struck  out ;  next  those  to 
be  inserted ;  and,  lastly,  the  whole  passage  as 
it  will  stand  when  amended. 

Sect.  IX     Amendments  changing  the 

Nature  of  a   Question. 

128.  The  term  amendment  is  in  strictness  ap 
plicable  only  to  those  changes  of  a  proposition, 
by  which  it  is  improved,  that  is,  rendered  more 
effectual  for  the  purpose  which  it  has  in  view, 
or  made  to  express  more  clearly  and  definitely 
the  sense  which  it  is  intended  to  express. 
Hence  it  seems  proper,  that  those  only  should 
undertake  to  amend  a  proposition,  who  are 
friendly  to  it ;  but  this  is  by  no  means  the  rule  ; 
when  a  proposition  is  regularly  moved  and 
seconded,  it  is  in  the  possession  of  the  assem- 
bly, and  cannot  be  withdrawn  but  by  its  leave  ; 
it  has  then  become  the  basis  of  the  future  pro 
cecdings  of  the  assembly,  and  may  be  put  into 


74  PARLIAMENTARY    PRACTICE. 

any  shape,  and  turned  to  any  purpose,  that  the 
assembly  may  think  proper. 

129.  It  is  consequently  allowable  to  amend 
a  proposition  in  such  a  manner  as  entirely  to 
alter  its  nature,  and  to  make  it  bear  a  sense 
different  from  what  it  was  originally  intended 
to  bear ;  so  that  the  friends  of  it,  as  it  was  first 
introduced,  may  themselves  be  forced  to  vote 
against  it,  in  its  amended  form. 

130.  This  mode  of  proceeding  is  sometimes 
adopted  for  the  purpose  of  defeating  a  proper 
sition,  by  compelling  its  original  friends  to 
unite  with  those  who  are  opposed  to  it,  in 
voting  for  its  rejection.  Thus,  in  the  British 
house  of  commons,  Jan.  29,  1765,  a  resolution 
being  moved,  "  That  a  general  warrant  for 
apprehending  the  authors,  printers,  or  publish- 
ers of  a  libel,  together  with  their  papers,  is  not 
warranted  by  law,  and  is  an  high  violation  of 
the  liberty  of  the  subject : "  — it  was  moved  to 
amend  this  motion  by  prefixing  the  following 
paragraph,  namely :  "  That  in  the  particular 
case  of  libels,  it  is  proper  and  necessary  to  fix, 
by  a  vote  of  this  house  only,  what  ought  to  be 
deemed  the  law  in  respect  of  general  warrants ; 
and,  for  that  purpose,  at  the  time  when  the 
determination  of  the  legality  of  such  warrants, 


AMENDMENTS.  75 

in  the  instance  of  a  most  seditious  and  treas- 
onable libel,  is  actually  depending  before  the 
courts  of  law,  for  this  house  to  declare  " —  that 
a  general  warrant  for  apprehending  the  authors, 
printers,  or  publishers  of  a  libel,  together  with 
their  papers,  is  not  warranted  by  law,  and  is  an 
high  violation  of  the  liberty  of  the  subject.  The 
amendment  was  adopted,  after  a  long  debate, 
and  then  the  resolution  as  amended  was  im- 
mediately rejected  without  a  division1. 

131.  But  sometimes  the  nature  of  a  propo- 
sition is  changed  by  means  of  amendments, 
with  a  view  to  its  adoption  in  a  sense  the  very 
opposite  of  what  it  was  originally  intended  to 
bear.  The  following  is  a  striking  example  of 
this  mode  of  proceeding.  In  the  house  of 
commons,  April  10,  1744,  a  resolution  was 
moved,  declaring,  "  That  the  issuing  and 
paying  to  the  Duke  of  Aremberg  the  sum  of 
forty   thousand   pounds    sterling,    to    put    the 

i  This  mode  of  defeating  a  measure,  however,  is  not  always  suc- 
cessful. In  17S0,  Mr.  Dunning  having  made  a  motion,  in  the  house 
of  commons,  "  that,  m  the  opinion  of  this  house,  the  influence  of  the 
crown  has  increased,  is  increasing,  and  ought  to  be  diminished," 
Dundas,  lord-advocate  of  Scotland,  in  order  to  defeat  the  motion, 
proposed  to  amend,  by  inserting,  after  the  words,  in  the  opinion  of 
this  house,  the  words,  it  is  now  necessary  to  declare  that,  &c.  Bui  this 
amendment,  instead  of  intimidating  the  friends  of  the  original  motion 
was  a:  once  adopted  by  them,  and  the  resolution  passed  as  amended 


76  PARLIAMENTARY    PRACTICE. 

Austrian  troops  in  motion  in  the  year  1742, 
was  a  dangerous  misapplication  of  public 
money,  and  destructive  of  the  rights  of  parlia- 
ment." The  object,  of  this  resolution  was  to 
censure  the  conduct  of  the  ministers;  and  the 
friends  of  the  ministry,  being  in  a  majority, 
might  have  voted  directly  upon  the  motion  and 
rejected  it.  But  they  preferred  to  turn  it  into 
a  resolution  approving  of  the  conduct  of  min- 
isters on  the  occasion  referred  to ;  and  it  was 
accordingly  moved  to  amend,  by  leaving  out 
the  words  "a  dangerous  misapplication,"  &c 
to  the  end  of  the  motion,  and  inserting  instead 
thereof  the  words,  "  necessary  for  putting  the 
said  troops  in  motion,  and  of  great  consequence 
to  the  common  cause."  The  amendment  being 
adopted,  it  was  resolved  (reversing  the  original 
proposition)  "  That  the  issuing  and  paying  to 
the  Duke  of  Aremberg  the  sum  of  forty  thou- 
sand pounds,  to  put  the  Austrian  troops  in 
motion,  in  the  year  1742,  was  necessary  for 
putting  the  said  troops  in  motion,  and  of  great 
consequence  to  the  common  cause." 

132.  It  is  a  mode  of  defeating  a  proposition, 
scmewhat  similar  to  that  above  mentioned,  to 
carry  out  or  extend  the  principle  of  it,  by 
means  of  amendments,   so    as   to  show   the 


AMENDMENTS.  77 

inconvenience,  absurdity,  or  danger  of  its 
adoption,  with  such  evident  clearness,  that  it 
becomes  impossible  for  the  assembly  to  agree 
to  it.  Thus,  a  motion  having  been  made  in 
the  house  of  commons,  "for  copies  of  all  the 
letters  written  by  the  lords  of  the  admiralty  to 
a  certain  officer  hi  the  navy,"  it  was  moved  to 
amend  the  motion  by  adding  these  words ;  — 
"  which  letters  may  contain  orders,  or  be  rela- 
tive to  orders,  not  executed,  and  still  subsist- 
ing." This  amendment  being  adopted,  the 
motion  as  amended  was  unanimously  rejected 
133.  It  will  be  seen,  from  the  foregoing 
examples,  that  as  the  mover  of  a  proposition 
is  under  no  restriction  as  to  embracing  incon- 
gruous matters  under  the  same  motion ;  so,  on 
the  other  hand,  the  assembly  may  engraft 
upon  a  motion,  by  way  of  amendment,  matter 
which  is  not  only  incongruous  with,  but  en- 
tirely opposed  to,  the  motion  as  originally 
introduced;  and,  in  legislative  assemblies,  it 
is  not  unusual  to  amend  a  bill  by  striking  out 
all  after  the  enacting  clause,  and  inserting  an 
entirely  new  bill ;  or  to  amend  a  resolution  by 
striking  out  all  after  the  words  "  Resolved 
that,"  and  inserting  a  proposition  of  a  wholly 
different  tenor.     [^|  324,1 


78  PARLIAMENTARY    PRACTICE. 


CHAPTER  X. 

OF  THE  ORDER  AND  SUCCESSION  OF 
QUESTIONS. 

134.  It.  is  a  general  rule,  that,  when  a  propo- 
sition is  regularly  before  a  deliberative  assem- 
bly, for  its  consideration,  no  other  proposition 
or  motion  can  regularly  be  made  or  arise,  so 
as  to  take  the  place  of  the  former,  and  be  first 
acted  upon,  unless  it  be  either,^*?,  a  privileged 
question ;  secondly,  a  subsidiary  question ;  or, 
thirdly,  an  incidental  question  or  motion. 

135.  All  these  motions  take  the  place  of  the 
principal  motion,  or  main  question,  as  it  is 
usually  called,  and  are  to  be  first  put  to  the 
question;  and,  among  themselves,  also,  there 
are  some,  which,  in  like  manner,  take  the 
place  of  all  the  others.  Some  of  these  ques- 
tions merely  supersede  the  principal  question, 
until  they  have  been  decided;  and,  when 
decided,  whether  affirmatively  or  negatively, 
leave  that  question  as  before.  Others  of  them 
also  supersede  the  principal  question,  until 
they  are  decided ;  and,  when  decided  one  way 
dispose  of  the  principal  question ;  but,  if  de 
cided  the  other  way,  leave  it.  as  before 


ADJOURNMENT.  79 


Sect.  I.     Privileged   Questions. 

136.  There  are  certain  motions  or  questions, 
which,  on  account  of  the  superior  importance 
attributed  to  them,  either  in  consequence  of  a. 
vote  of  the  assembly,  or  in  themselves  con- 
sidered,  or  of  the  necessity  of  the  proceedings 
to  which  they  lead,  are  entitled  to  take  the 
place  of  any  other  subject  or  proposition,  winch 
may  then  be  under  consideration,  and  to  be 
first  acted  upon  and  decided  by  the  assembly 
These  are  called  privileged  questions,  because 
they  are  entitled  to  precedence  over  other 
questions,  though  they  are  of  different  degrees 
among  themselves.  Questions  of  tins  nature 
are  of  three  kinds,  namely,  first,  motions  to 
adjourn ;  secondly,  motions  or  questions  relating 
to  the  rights  and  privileges  of  the  assembly, 
or  of  its  members  individually;  and,  tJa.-dly, 
motions  for  the  orders  of  the  day. 

Adjournment. 

137.  A  motion  to  adjourn  takes  the  place 
of  all  other  questions  whatsoever1 ;  for,  other- 


*  It  is  commonly  said.,  that  a  motion  to  adjourn  is  always  in  older 
but  .'his  is  not  precisely  true.     The  question  of  adjourn*  „  t  i»  v, 

6' 


80  PARLIAMENTARY    PRACTICE. 

wise,  the  assembly  might  be  kept  sitting 
against  its  will,  and  for  an  indefinite  time ;  but, 
in  order  to  entitle  this  motion  to  precedence, 
it  must  be  simply  to  "  adjourn,"  without  the 
addition  of  any  particular  day  or  time.  And, 
as  the  object  of  this  motion,  when  made  in  the 
midst  of  some  other  proceeding,  and  with  a 
view  to  supersede  a  question  already  proposed, 
is  simply  to  break  up  the  sitting,  it  does  not 
admit  of  any  amendment  by  the  addition  of  a 
particular  day,  or  in  any  other  manner ;  though, 
if  a  motion  to  adjourn  is  made,  when  no  other 
business  is  before  the  assembly,  it  may  be 
amended  like  other  questions.     [^[  325.] 

138.  A  motion  to  adjourn  is  merely,  "  that 
this  assembly  do  now  adjourn;"  and,  if  it  is 
earned  in  the  affirmative,  the  assembly  is 
adjourned  to  the  next  sitting  day ;  unless  it 
has  previously  come  to  a  resolution,  that,  on 
rising,  it  will  adjourn  to  a  particular  day ;  in 
which  case,  it  is  adjourned  to  that  day. 


indeed,  be  moved  repeatedly  on  the  same  day;  yet.  in  strictness, 
nol  -without  some  intermediate  question  being  proposed,  after  one 
motion  to  adjourn  is  disposed  of,  and  before  the  next  motion  is  made 
for  adjourning  ;  as,  for  example,  an  amendment  to  a  pending  ques- 
tion, or  for  the  reading  of  some  paper.  The  reason  of  this  is,  that, 
anti.  some  other  proceeding  has  intervened,  the  question  already 
decided  is  the  same  as  that  newly  moved. 


QUESTIONS    OF    PRIVILEGE.  81 

139.  An  adjournment  without  day,  that  is, 
without  any  time  being  fixed  for  reassembling, 
would,  in  the  case  of  any  other  than  a  legisla- 
tive assembly,  be  equivalent  to  a  dissolution1 

140.  When  a  question  is  interrupted  by  an 
adjournment,  before  any  vote  or  question  has 
been  taken  upon  it,  it  is  thereby  removed  from 
before  the  assembly,  and  will  not  stand  before 
it,  as  a  matter  of  course,  at  its  next  meeting, 
but  must  be  brought  forward  in  the  usual  way. 

Questions  of  Privilege. 
141  The  questions,  next  in  relative  import- 
ance, and  which  supersede  all  others  for  the 
time  being,  except  that  of  adjournment,  are 
those  which  concern  the  rights  and  privileges 
of  the  assembly,  or  of  its  individual  members ; 
as,  for  example,  when  the  proceedings  of  the 
assembly  are  disturbed  or  interrupted,  whetner 
by  strangers  or  members;  or  where  a  quarrel 
arises  between  two  members ;  and,  in  these 
cases,  the  matter  of  privilege  supersedes  the 
question  pending  at  the  time,  together  with  all 

i  It  is  quite  common,  when  the  business  of  a  deliberative  assem- 
bly has  been  brought  to  a  close,  to  adjourn  the  assembly  tcithout 
day.  A  better  form  is  to  dissolve  it ;  as  an  adjournment  without  day. 
11"  we  regard  the  etymology  of  the  word  adjourn,  is  a  contradiction 
xa  terms 


54  PARLIAMENTARY    PRACTICE. 

subsidiary  and  incidental  ones,  and  must  be 
first  disposed  of.  When  settled,  the  question 
interrupted  by  it  is  to  be  resumed,  at  the  point 
where  it  was  suspended. 

Orders  of  the  Dat. 

142.  When  the  consideration  of  a  subjeci 
has  been  assigned  for  a  particular  day,  by  an 
order  of  the  assembly,  the  matter  so  assigned 
is  called  the  order  of  the  day  for  that  day.  If, 
m  the  course  of  business,  as  commonly  hap- 
pens in  legislative  assemblies,  there  are  several 
subjects  assigned  for  the  same  day,  they  are 
called  the  orders  of  the  day. 

143.  A  question,  which  is  thus  made  the 
subject  of  an  order  for  its  consideration  on  a 
particular  day,  is  thereby  made  a  privileged 
question  for  that  day ;  the  order  being  a  repeal, 
as  to  this  special  case,  of  the  general  rule  as 
to  business.  If,  therefore,  any  other  proposition 
(with  the  exception  of  the  two  preceding)  is 
moved,  or  arises,  on  the  day  assigned  for  the 
consideration  ;>f  a  particular  subject,  a  motion 
for  the  order  of  the  day  will  supersede  the 
question  first  made,  together  with  all  sabsidi- 
ary  and  incidental  questions  connected  with 
it,  and  must  be  first  put  and  decided ;  for  if  the 


ORDERS    OF    THE    DAY.  83 

debate  or  consideration  of  that  subject  were 
allowed  to  proceed,  it  might  continue  through 
the  day  and  thus  defeat  the  order. 

144.  But  this  motion,  to  entitle  it  to  prece- 
dence, must  be  for  the  orders  generally,  if  there 
is  more  than  one,  and  not  for  any  particular 
one ;  and,  if  decided  in  the  affirmative,  that  is, 
that  the  assembly  will  now  proceed  to  the 
orders  of  the  day,  they  must  then  be  read  and 
gone  through  with,  in  the  order  in  which  they 
stand ;  priority  of  order  being  considered  to 
give  priority  of  right. 

14-5.  If  the  consideration  of  a  subject  is 
assigned  for  a  particular  hour  on  the  day 
named,  a  motion  to  proceed  to  it  is  not  a 
privileged  motion,  until  that  hour  has  arrived ; 
but,  if  no  hour  is  fixed,  the  order  is  for  the 
entire  day  and  every  part  of  it. 

146.  Where  there  are  several  orders  of  the 
day,  and  one  of  them  is  fixed  for  a  particular 
hour,  if  the  orders  are  taken  up  before  that 
hour,  they  are  to  be  proceeded  with  as  they 
stand,  until  that  hour,  and  then  the  subject 
assigned  for  that  hour  is  the  next  in  order; 
but,  if  the  orders  are  taken  up  at  that  time  or 
ufterwards,  that  particular  subject  must  be 
considered  as  the  first  in  order 


84  PARLIAMENTARY    PRACTICE. 

147.  If  the  motion  for  the  orders  of  the  day 
is  decided  in  the  affirmative,  the  original 
question  is  removed  from  before  the  assembly, 
in  the  same  manner  as  if  it  had  been  inter- 
rupted by  an  adjournment,  and  does  not  stand 
before  the  assembly,  as  a  matter  of  course,  at 
its  next  meeting,  but  must  be  renewed  in  the 
usual  way. 

148.  If  the  motion  is  decided  in  the  nega- 
tive, the  vote  of  the  assembly  is  a  discharge 
of  the  orders,  so  far  as  they  interfere  with  the 
consideration  of  the  subject  then  before  it,  and 
entitles  that  subject  to  be  first  disposed  of. 

149.  Orders  of  the  day,  unless  proceeded  in 
and  disposed  of  on  the  day  assigned,  fall,  of 
course,  and  must  be  renewed  for  some  other 
day.  It  may  be  provided,  however,  by  a 
special  rule,  as  in  the  legislative  assemblies 
of  Massachusetts,  that  the  orders  for  a  par- 
ticular day  shall  hold  for  every  succeeding 
day,  until  disposed  of. 

Sect.  II.     Incidental   Questions. 

150.  Incidental  questions  are  such  as  arise 
out  of  other  questions,  and  are  consequently 
to  t«  decided  before  the  questions  which  give 


QUESTIONS    OF    ORDER.  85 

rise  to  them.    Of  this  nature  are,  first,  questions 
of  order ;  second,  motions  for  the  reading  of 
papers,  &c;  third,  leave  to  withdraw  a  motion 
fourth,  suspension  of  a  rule;  and,  fifth,  amend- 
ment of  an  amendment 

Questions  of  Order. 

151.  It  is  the  duty  of  the  presiding  officer 
of  a  deliberative  assembly,  to  enforce  the  rules 
and  orders  of  the  body  over  which  he  presides, 
in  ah  its  proceedings ;  and  this  without  ques- 
tion, debate,  or  delay,  in  all  cases,  in  which 
the  breach  of  order,  or  the  departure  from 
rule,  is  manifest.  It  is  also  the  right  of  every 
member,  taking  notice  of  the  breach  of  a  ride, 
to  insist  upon  the  enforcement  of  it  in  the 
same  manner. 

152.  But,  though  no  question  can  be  made. 
as  to  the  enforcement  of  the  rules,  when  there 
is  a  breach  or  manifest  departure  from  them, 
so  long  as  any  member  insists  upon  their 
enforcement ;  yet  questions  may  and  do  fre- 
quently arise,  as  to  the  fact  of  there  being  a 
breach  of  order,  or  a  violation  of  the  rules  in 
a  particular  proceeding;  and  these  questions 
must  be  decided  before  a  case  can  arise  foi 
the   enforcement  of  the  rules.      Questions  of 


86  PARLIAMENTARY    PRACTICE. 

this    kind     arc     denominated     questions    of 
order. 

153.  When  any  question  of  this  nature 
arises,  in  the  course  of  any  other  proceeding, 
it  necessarily  supersedes  the  further  consider- 
ation of  the  subject  out  of  which  it  arises, 
until  that  question  is  disposed  of;  then  the 
original  motion  or  proceeding  revives,  and 
resumes  its  former  position,  unless  it  has  been 
itself  disposed  of  by  the  question  of  order. 

154.  When  a  question  of  order  is  raised,  as 
it  may  be  by  any  one  member,  it  is  not  stated 
from  the  chair,  and  decided  by  the  assembly, 
like  other  questions ;  but  is  decided,  in  the 
first  instance,  by  the  presiding  officer,  without 
any  previous  debate  or  discussion  by  the 
assembly.  If  the  decision  of  the  presiding 
officei  is  not  satisfactory,  any  one  member 
may  object  to  it,  and  have  the  question 
decided  by  the  assembly.  This  is  called 
appealing  from  the  decision  of  the  chair. 
The  question  is  then  stated  by  the  presiding 
officer,  on  the  appeal,  namely :  shall  the  de- 
cision of  the  chair  stand  as  the  decision  of  the 
assembly  ?  and  t  is  thereupon  debated  and 
decided  by  the.  assembly,  in  the  same  manner 
as  any  other  question  ;  except  that  the  presiding 


READING    PAPERS.  87 

officer  is  allowed  to  take  a  part  in  the  debate, 
which,  on  ordinary  occasions,  he  is  prohibited 
from  doing.     [1T  32 G.] 

Reading  Papers. 

155.  It  is,  for  obvious  reasons,  a  general 
rule,  that,  where  papers  are  laid  before  a 
deliberative  assembly,  for  its  action,  every 
member  has  a  right  to  have  them  once  read 
at  the  table,  before  he  can  be  compelled  to 
vote  on  them;  and,  consequently,  when  the 
reading  of  any  paper,  relative  to  a  question 
before  the  assembly,  is  called  for  under  this 
rule,  no  question  need  be  made  as  to  the 
reading ;  the  paper  is  read  by  the  clerk,  under 
the  direction  of  the  presiding  officer,  as  a 
matter  of  course. 

156.  But,  with  the  exception  of  papers 
coming  under  this  rule,  it  is  not  the  right  of 
any  member  to  read  himself,  or  to  have  read, 
any  paper,  book,  or  document  whatever,  with- 
out the  leave  of  the  assembly,  upon  a  motion 
made  and  a  question  put  for  the  purpose.  The 
delay  and  interruption,  which  would  otherwise 
ensue  from  reading  every  paper  that  might 
be  called  for,  show  the  absolute  necessity 
of  restricting  the    rule  within    the    narrowest 


88  PARLIAMENTARY    PRACTICE. 

possible  limits,  consistently  with  permitting 
every  member  to  have  as  much  information 
as  possible,  on  the  subjects  in  reference  to 
which  he  is  about  to  vote. 

157.  When,  therefore,  a  member  desires 
that  any  paper,  book,  or  document,  on  the 
table,  whether  printed  or  written  (except  as 
above  mentioned)  should  be  read  for  his  own 
information,  or  that  of  the  assembly ;  or 
desires  to  read  any  such  paper,  book,  01 
document,  in  his  place,  in  the  course  of  a 
debate,  or  otherwise ;  or  even  to  read  his  own 
speech,  which  he  has  prepared  beforehand 
and  committed  to  writing ;  in  all  these  cases, 
if  any  objection  is  made,  he  must  obtain  leave 
of  the  assembly,  for  the  reading,  by  a  motion 
and  vote  for  the  purpose 

158.  When  the  reading  of  a  paper  is  evi- 
dently for  information,  and  not  for  delay,  it  is 
the  usual  practice  for  the  presiding  officer  to 
allow  of  it,  unless  objection  is  made,  in  which 
case  leave  must  be  asked  ;  and  this  is  seldom 
refused,  where  there  is  no  intentional  or 
gross  abuse  of  the  time  and  patience  of  the 
assembly. 

159.  It  is  no1  now  the  practice,  as  it  once 
was,    in    legislative    assemblies,    to   read    al! 


WITHDRAWAL    OF    A    MOTION.  89 

papers  that  are  presented,  especially  whec 
they  are  referred  to  committees  immediately 
on  their  presentation ;  though  the  right  of  every 
member  to  insist  upon  one  reading  is  stiJ] 
admitted.  It  would  be  impossible,  wdth  the 
amount  of  business  done  by  legislative  bodies, 
at  the  present  day,  to  devote  much  of  their 
time  to  the  reading  of  papers. 

160.  When,  in  the  course  of  a  debate  or  othei 
proceeding,  the  reading  of  a  paper  is  called 
for,  and  a  question  is  made  upon  it,  tins  question 
is  incidental  to  the  former,  and  must  be  first 
decided. 

"Withdrawal  of  a  Motion. 

161.  A  motion,  when  regularly  made,  sec- 
onded, and  proposed  from  the  chair,  is  then 
in  the  possession  of  the  assembly,  and  cannot 
be  withdrawn  by  the  mover,  or  directly  dis- 
posed of  in  any  manner,  but  by  a  vote;  hence, 
if  the  mover  of  a  question  ■wishes  to  modify  it, 
or  to  substitute  a  different  one  in  its  place,  he 
must  obtain  the  leave  of  the  assembly  for  that 
purpose ;  which  leave  can  only  be  had,  if 
objection  is  made,  by  a  motion  and  question 
in  the  usual  mode  of  proceeding.     [^[  327.] 


90  PARLIAMENTARY    PRACTICE. 

162.  If  this  motion  is  decided  in  the  affirm- 
ative, the  motion  to  which  it  relates  is  thereby 
removed  from  before  the  assembly,  as  if  it 
had  never  been  moved;  if  in  the  negative, 
the  business  proceeds  as  before. 

Suspension  of  a  Rule. 

163.  When  any  contemplated  motion  or  pro- 
ceeding is  rendered  impracticable,  by  reason 
of  the  existence  of  some  special  rule  by  which 
it  is  prohibited,  it  has  become  an  established 
practice  in  this  country,  to  suspend  or  dispense 
with  the  rule,  for  the  purpose  of  admitting  the 
proceeding  or  motion  which  is  desired.  This 
can  only  be  done  by  a  motion  and  question ; 
and,  where  this  course  is  taken  in  order  to  a 
motion  having  reference  to  a  proposition  then 
under  consideration,  a  motion  to  suspend  the 
rule  supersedes  the  original  question  for  the 
time  being,  and  is  first  to  be  decided. 

164.  It  is  usual,  in  the  code  of  rules  adopted 
by  deliberative  assemblies,  and  especially 
legislative  bodies,  to  provide  that  a  certain 
number  exceeding  a  majority,  as  two  thirds  or 
three  fourths,  shall  be  competent  to  the  sus- 
pension of  a  rule  in  a  particular  case;  where 
this   is   not  provided,  there   seems    to   be   no 


SUBSIDIARY    QUESTIONS.  91 

other  mode  of  suspending  or  dispensing  with 
a  rule  than  by  general  consent. 

Amendment  of  Amendments. 

165.  In  treating  of  amendments,  it  has 
already  been  seen,  that  it  is  allowable  to 
amend  a  proposed  amendment ;  and  that  the 
question  on  such  sub-amendment  must  neces- 
sarily be  put  and  decided  before  putting  the 
question  on  the  amendment.  The  former  is 
incidental  to  the  latter,  and  supersedes  it  for 
the  time  being. 

Sect.  III.     Subsidiary   Questions. 

166.  Subsidiary,  or  secondary,  questions  or 
motions,  as  has  already  been  stated,  are  those 
which  relate  to  a  principal  motion,  and  are 
made  use  of  to  enable  the  assembly  to  dispose 
of  it  in  the  most  appropriate  manner.  These 
motions  have  the  effect  to  supersede,  and,  in 
some  cases,  when  decided  one  way,  to  dispose 
of,  the  principal  question.  They  are  also  of 
different  degrees  among  themselves,  and,  ac- 
cording to  their  several  natures,  supersede 
and  sometimes  dispose  of,  one  another. 

167  The  subsidiary  motions  in  common  use 
are  the  following,  namely  :  —  lie  on  the  table, — 


92  PARLIAMENTARY    PKACTICE. 

the  previous  question,  —  postponement,  either 
indefinite  or  to  a  day  certain,  —  commitment, 
—  and,  amendment. 

168.  It  is  a  general  rule,  with  certain  ex- 
ceptions winch  will  be  immediately  mentioned, 
that  subsidiary  motions  cannot  be  applied  to 
one  another ;  as,  for  example,  suppose  a  motion 
to  postpone,  commit,  or  amend  a  principal 
question,  it  cannot  be  moved  to  suppress  the 
motion  to  postpone,  &c,  by  putting  a  previous 
question  on  it;  or,  suppose  the  previous  ques- 
tion is  moved,  or  a  commitment,  or  amend- 
ment, of  a  main  question,  it  camiot  be  moved 
to  postpone  the  previous  question,  or  the 
motion  for  commitment  or  amendment.  The 
reasons  for  this  rule  are  :  1.  It  would  be  absurd 
to  separate  the  appendage  from  its  principal ; 
2.  It  would  be  a  piling  of  questions  one  on 
another,  which,  to  avoid  embarrassment,  is 
not  allowed ;  and,  3.  The  same  result  may  be 
reached  more  simply  by  voting  against  the 
motion  which  it  is  attempted  to  dispose  of  by 
another  secondary  motion. 

169.  The  exceptions  to  the  rule  above 
stated  are,  that  motions  to  postpone  (eithet 
to  a  day  certain  or  indefinitely),  to  commit, 
or    to    amend,    a   principal   question    may  be 


LIE    ON    THE    TABLE  93 

amended  for  the  reason,  that  "  the  useful 
character  of  amendment  gives  it  a  privilege  of 
attaching  itself  to  a  secondary  and  privileged 
motion  "  ;  that  is,  a  subsidiary  motion  to  carry 
out  and  improve  another  may  be  applied  to 
that  other,  but  a  subsidiary  motion  to  dispose 
of  or  suppress  another  is  not  admissible. 
Hence,  the  subsidiary  motions  above  men- 
tioned may  be  amended. 

I/O.  A  previous  question,  however,  cannot 
be  amended;  the  nature  of  it  not  admitting 
of  any  change.  Parliamentary  usage  has 
fixed  its  form  to  be.  shall  the  main  question 
be  now  put?  that  is,  at  this  instant ;  arid,  as  the 
present  instant  is  but  one,  it  cannot  admit  of 
any  modification;  and  to  change  it  to  the  next 
day  or  any  other  moment  is  without  example 
or  utility.  For  the  same  reasons,  also,  that 
the  form  of  it  is  fixed  by  parliamentary  usage, 
and  is  already  as  simple  as  it  can  be,  a  mo'io'i 
to  he  on  the  table  cannot  be  amended. 

Lie  on  the  Table. 

171.    This    motion    is    usually   resorted   to, 

when  the  assembly  has  something  else  before 

it,   which   claims    its   present   attention,   and 

therefore  desires  to  lay  aside  a  proposition  for 


94  PARLIAMENTARY    PRACTICE. 

a  short  but  indefinite  time,  reserving  to  itself 
the  power  to  take  it  up  when  convenient 
This  motion  takes  precedence  of  and  super 
sedes  all  the  other  subsidiary  motions. 

172.  If  decided  in  the  affirmative,  the  prin- 
cipal motion,  together  with  all  the  other 
motions,  subsidiary  and  incidental,  connected 
with  it,  is  removed  from  before  the  assembly, 
until  it  is  again  taken  up ;  which  it  may  be, 
by  motion  and  vote,  at  any  time,  when  the 
assembly  pleases. 

173.  If  decided  in  the  negative,  the  business 
proceeds  in  the  same  manner  as  if  the  motion 
had  never  been  made. 

Previous  Question. 

174.  This  motion  has  already  been  describ- 
ed (63),  and  the  nature  and  effect  of  it  fully 
stated.  It  stands  in  an  equal  degree  with 
all  the  other  subsidiary  motions,  except  the 
motion  to  lie  on  the  table ;  and,  consequently, 
if  first  moved,  is  not  subject  to  be  superseded 
by  a  motion  to  postpone,  commit,  or  amend 

175.  If  the  previous  question  is  moved 
before  the  others  above  mentioned,  and  put 
to  the  question,  it  has  the  effect  to  prevent 
those  motions  from  being  made  at  all ;   for, 


POSTPONEMENT.  95 

if  decided  affirmatively,  to  wit,  that  the  mam 
question  shall  now  be  put,  it  would  of  coarse 
be  contrary  to  the  decision  of  the  assembly, 
and  therefore  against  order,  to  postpone,  com- 
mit, or  amend ;  and  if  decided  negatively,  to 
wit,  that  the  main  question  shall  not  now  he 
put,  this  takes  the  main  question  out  of  the 
possession  of  the  assembly,  for  the  day,  so 
that  there  is  then  nothing  before  it  to  post- 
pone, commit,  or  amend1. 

Postponement. 
176.  The  motion  to  postpone  is  either  in 
definite,  or  to  a  day  certain ;  and,  hi  both  these 
forms,  may  be  amended ;  in  the  former,  by 
making  it  to  a  day  certain,  —  in  the  latter,  by- 
substituting  one  day  for  another.  But,  in  the 
latter  case,  propositions  to  substitute  different 
days  for  that  originally  named,  bear  more  re- 
semblance to  propositions  for  filling  blanks, 
than  they  do  to  amendments,  and  should  be 
considered  and  treated  accordingly. 

1  In  the  house  of  representatives  of  Massachusetts,  as  tne  effect 
of  a  negative  decision  of  the  previous  question  is  not  to  remove 
the  principal  question  from  before  the  house,  that  question  is  still 
open  to  postponement,  commitment,  or  amendment,  no.withstand- 
in?  sscb  negative  decision 


%  PARLIAMENTARY    PRACTICE. 

177.  If,  therefore,  a  motion  is  made  for  an 
indefinite  postponement,  it  may  be  moved  to 
amend  the  motion,  by  making  it  to  a  day 
certain.  If  any  other  day  is  desired,  it  may 
be  moved  as  an  amendment  to  the  amend- 
ment; or  it  may  be  moved  as  an  independent 
motion,  when  the  amendment  has  been  re 
iected. 

178.  If  a  motion  is  made  for  a  postponement 
•o  a  day  certain,  it  may  be  amended  by  the 
substitution  of  a  different  day ;  but  in  this 
rase,  a  more  simple  and  effectual  mode  of 
proceeding  is  to  consider  the  day  as  a  blank, 
to  be  filled  in  the  usual  manner,  beginning 
with  the  longest  time. 

17  9.  This  motion  stands  in  the  same  degree 
With  motions  for  the  previous  question,  —  to 
commit,  —  and  to  amend;  and,  if  first  made, 
is  not  susceptible  of  being  superseded  by 
them. 

180.  If  a  motion  for  postponement  is  de- 
cided affirmatively,  the  proposition  to  which  it 
is  applied  is  removed  from  before  the  assem- 
bly, with  all  its  appendages  and  incidents,  and 
consequently  there  is  no  ground  for  either  of 
the  other  subsidiary  motions ;  if  decided  nega- 


COMMITMENT.  97 

lively,  that  the  proposition  shall  not  be  post- 
poned, that  question  may  then  be  suppressed 
by  the  previous  question,  or  committed,  or 
amended. 

Commitment. 

1S1.  A  motion  to  commit,  or  recommit 
( which  is  the  term  used  when  the  proposition 
has  already  been  once  committed),  may  be 
amended,  by  the  substitution  of  one  kind 
of  committee  for  another,  or  by  enlarging 
or  diminishing  the  number  of  the  members 
of  the  committee,  as  originally  proposed,  or 
by  instructions  to  the  committee. 

162.  This  motion  stands  in  the  same  degree 
with  the  previous  question  and  postponement 
—  and,  if  first  made,  is  not  superseded  by 
them  —  but  it  takes  precedence  of  a  motion 
to  amend. 

183.  If  decided  affirmatively,  the  propo- 
sition is  removed  from  before  the  assembly; 
and,  consequently,  there  is  no  ground  for  the 
previous  question,  or  for  postponement,  or 
amendment;  if  negatively,  to  wit,  that  the 
principal  question  shall  not  be  committed 
that  question  may  then  be  suppressed  by 
the  previous  question,  or  postponed,  or 
amended. 


98  PARLIAMENTARY    PRACTICE. 

Amendment. 

184.  A  motion  to  amend,  as  has  been  seen, 
may  be  itself  amended.  It  stands  in  the 
same  degree  only  with  the  previous  question 
and  indefinite  postponement,  and  neither,  if 
first  moved,  is  superseded  by  the  other. 

185.  But  this  motion  is  liable  to  be  super- 
seded by  a  motion  to  postpone  to  a  day 
certain ;  so  that  amendment  and  postpone- 
ment competing,  the  latter  is  to  be  first  put. 
The  reason  is,  that  a  question  for  amendment 
is  not  suppressed  by  postponing  or  adjourning 
the  principal  question,  but  remains  before 
the  assembly,  whenever  the  main  question 
is  resumed;  for  otherwise,  it  might  happen, 
that  the  occasion  for  other  urgent  business 
might  go  by  and  be  lost  by  length  of  debate 
on  the  amendment,  if  the  assembly  had  no 
power  to  postpone  the  whole  subject. 

1S6.  A  motion  to  amend  may  also  be  super- 
seded by  a  motion  to  commit;  so  that  the 
latter,  though  subsequently  moved,  is  to  be 
first  put ;  because,  "  in  truth,  it  facilitates  and 
befriends  the  motion  to  amend." 

187.  The  effect  of  both  a  negative  and 
an  affirmative  decision  of  amendments  has 
already  been  considered  (91  to  127) 


ORDER    OF    BUSINESS  99 

CHAPTER    XL 

OF  THE  ORDER  OE  PROCEEDED. 

188.  When  several  subjects  are  before  the 
assembly,  that  is,  on  their  table  for  consider- 
a.ion  (for  there  can  be  but  a  single  subject 
under  consideration  at  the  same  time),  and 
no  priority  has  been  given  to  any  one  over 
another,  the  presiding  officer  is  not  precisely 
bound  to  any  order,  as  to  what  matters  shall 
be  first  taken  up ;  but  is  left  to  nib  own  dis- 
cretion, unless  the  assembly  on  a  question 
decide  to  take  up  a  particular  subject. 

159.  A  settled  order  of  business,  however, 
where  the  proceedings  of  an  assembly  are 
likely  to  last  a  considerable  time,  and  the 
matters  before  it  are  somewhat  numerous,  is 
useful  if  not  necessary  for  the  government  of 
the  presiding  officer,  and  to  restrain  individual 
members  from  calling  up  favorite  measures, 
or  matters  under  their  special  charge,  out  of 
their  just  time.  It  is  also  desirable,  for  dnect- 
ing  the  discretion  of  the  assembly,  when  a 
motion  is  made  to  take  up  a  particular  matter, 
to   the  prejudice  of  others,  which  are  of  light 


100  PARLIAMENTARY    PRACTICE. 

entitled  to  be  first  attended  to,  in  the  general 
order  of  business. 

190.  The  order  of  business  may  be  estab- 
lished in  virtue  of  some  general  rule,  or  by- 
special  orders  relating  to  each  particular  sub- 
ject ;  and  must,  of  course,  necessarily  depend 
upon  the  nature  and  amount  of  the  matters 
before  the  assembly. 

191.  The  natural  order,  in  considering  and 
amending  any  paper,  which  consists  of  several 
distinct  propositions,  is,  to  begin  at  the  begin- 
ning, and  proceed  through  it  by  paragraphs ; 
and  this  order  of  proceeding,  if  strictly  adhered 
to,  as  it  should  always  be  in  numerous  assem- 
blies, would  prevent  any  amendment  in  a 
former  part,  from  being  admissible,  after  a 
latter  part  had  been  amended ;  but  tins  rule 
does  not  seem  to  be  so  essential  to  be  observed, 
in  smaller  bodies,  in  which  it  may  often  be 
advantageous  to  allow  of  going  from  one  part 
of  a  paper  to  another,  for  the  purpose  of 
amendments. 

192.  To  this  natural  order  of  beginning  at 
the  beginning,  there  is  one  exception  accord- 
ing to  parliamentary  usage,  where  a  resolution 
or  series  of  resolutions,  or  other  paper,  has  a 
preamble  or  title ;  in  which  case,  the  preamble 


ORDER    OF    BUSINESS.  10  » 

or  title  is  postponed,  until  the  residue  of  the 
paper  is  gone  through  with. 

193.  In  considering  a  proposition  consisting 
of  several  paragraphs,  the  course  is,  for  the 
whole  paper  to  be  read  entirely  through,  in 
the  first  place,  by  the  clerk;  then,  a  second 
time,  by  the  presiding  officer,  by  paragraphs  ; 
pausing  at  the  end  of  each,  and  putting 
questions  for  amending,  if  amendments  are 
proposed ;  and,  when  the  whole  paper  has 
been  gone  through  with,  in  tins  manner,  the 
presiding  officer  puts  the  final  question  on 
agreeing  to  or  adopting  the  whole  paper,  as 
amended,  or  unamended. 

194.  When  a  paper,  which  has  been  refer- 
red to  a  committee,  and  reported  back  to  the 
assembly,  is  taken  up  for  consideration,  the 
amendments  only  are  first  read,  in  course,  by 
the  clerk.  The  presiding  officer  then  reads 
the  first,  and  puts  it  to  the  question,  and  so 
on  until  the  whole  are  adopted  or  rejected, 
before  any  other  amendment  is  admitted,  with 
the  exception  of  an  amendment  to  an  amend- 
ment. When  the  amendments  reported  by 
the  committee  have  been  thus  disposed  o£ 
the  presiding  officer  pauses,  and  gives  time  for 
amendments  to  be  proposed  in  the  assembly 


102  PARLIAMENTARY    PRACTICE. 

to  the  body  of  the  paper  (which  he  also 
does,  if  the  paper  has  been  reported  without 
amendments,  putting  no  questions  but  on 
amendments  proposed) ;  and  when  through 
the  whole,  he  puts  the  question  on  agreeing 
to  or  adopting  the  paper,  as  the  resolution, 
order,  &c,  of  the  assembly. 

195.  The  final  question  is  sometimes  stated 
merely  on  the  acceptance  of  the  report,  but  a 
better  form  is  on  agreeing  with  the  committee 
in  the  resolution,  order,  or  whatever  else  the 
conclusion  of  the  report  may  be,  as  amended 
or  without  amendment ;  and  the  resolution  or 
order  is  then  to  be  entered  in  the  journal  as 
the  resolution,  &c,  of  the  assembly,  and  not 
as  the  report  of  the  committee  accepted. 

196.  "When  the  paper  referred  to  a  commit- 
tee is  reported  back,  as  amended,  in  a  new 
draft  (which  may  be  and  often  is  done,  where 
the  amendments  are  numerous  and  compara- 
tively unimportant),  the  new  draft  is  to  be 
considered  as  an  amendment,  and  is  to  be 
first  amended,  if  necessary,  and  then  put  to 
the  question  as  an  amendment  reported  by 
the  committee ;  or,  the  course  may  be,  first 
to  accept  the  new  draft,  as  a  substitute  for 
the  original  paper,  and  then  to  treat  it  as  such. 


ORDER    OF    BUSINESS.  103 

197.  It  often  happens,  that,  besides  a 
principal  question,  there  are  several  others 
connected  with  it,  pending  at  the  same  time, 
which  are  to  be  taken  in  their  order ;  as,  for 
example,  suppose,  first,  a  principal  motion ; 
second,  a  motion  to  amend ;  third,  a  motion  to 
commit ;  fourth,  the  preceding  motions  being 
pending,  a  question  of  order  arises  in  the 
debate,  which  gives  occasion,  fifth,  to  a  ques- 
tion of  privilege,  and  this  leads,  sixth,  to  a 
subsidiary  motion,  as,  to  he  on  the  table. 
The  regular  course  of  proceeding  requires  the 
motion  to  lie  on  the  table  to  be  first  put ;  if 
this  is  negatived,  the  question  of  privilege  is 
then  settled  ;  after  that  comes  the  question 
of  order ;  then  the  question  of  commitment ; 
if  that  is  negatived,  the  question  of  amend- 
ment is  taken ;  and,  lastly,  the  main  question. 
This  example  will  sufficiently  illustrate  the 
manner  in  which  questions  may  grow  out  of 
one  another,  and  in  what  order  they  are  to  be 
decided1. 

198.  When  a  motion  is  made  and  seconded, 
it  is  the  duty  of  the  presiding  officer  to  propose 


1  The  order  of  motions,  for  the  disposal  of  any  question,  is  usually 
fixed  by  a  special  rule,  in  legislative  assemblies.  See  note  to  para 
jrapli  61. 


104  PARLIAMENTARY    PRACTICE. 

it  to  the  assembly ;  until  this  is  done,  it  is  not 
a  question  before  the  assembly,  to  be  acted 
upon  or  considered  in  any  manner ;  and  con- 
sequently it  is  not  then  in  order  for  any 
member  to  rise  either  to  debate  it,  or  to  make 
any  motion  in  relation  to  it  whatever. 

199.  It  is  therefore  a  most  unparliamentary 
and  abusive  proceeding  to  allow  a  principal 
motion  and  a  subsidiary  one  relating  to  it  to 
be  proposed  and  stated  together,  and  to  be 
put  to  the  question  in  their  order;  as  is  done, 
when  a  member  moves  a  principal  question, 
a  resolution,  for  example,  and,  at  the  same 
time,  the  previous  question,  or  that  the  reso- 
lution lie  on  the  table.  In  such  a  case,  the 
presiding  officer  should  take  no  notice  what- 
ever of  the  subsidiary  motion,  but  should 
propose  the  principal  one  by  itself  in  the  usual 
manner,  before  allowing  any  other  to  be  made 
Other  members,  then,  would  not  be  deprived 
of  their  rights  of  debate,  &c,  in  relation  to  the 
subject  moved. 

200.  When  a  member  has  obtained  the 
floor,  he  cannot  be  cut  off  from  addressing  the 
assembly,  on  the  question  before  it ;  nor,  when 
speaking,  can  he  be  interrupted  in  his  speech 
by  any  other  member  rising  and  moving  ar 


ORDER    OF    BUSINESS.  105 

adjournment,  or  for  the  orders  of  the  da$-,  or 
by  making  any  other  privileged  motion  of  the 
same  kind;  it  being  a  general  rule,  that  a 
member  in  possession  of  the  floor,  or  proceed- 
ing with  his  speech,  cannot  be  taken  down  or 
interrupted,  but  by  a  call  to  order;  and  the 
question  of  order  being  decided,  he  is  still  to 
be  heard  through.  A  call  for  an  adjourn- 
ment, or  for  the  orders  of  the  day,  or  for  the 
question,  by  gentlemen  in  their  seats,  is  not  a 
motion ;  as  no  motion  can  be  made,  without 
rising  and  addressing  the  chair,  and  being 
called  to  by  the  presiding  officer.  Such  calls 
for  the  question  are  themselves  breaches  of 
order,  which,  though  the  member  who  has 
risen  may  respect  them,  as  an  expression  of 
the  impatience  of  the  assembly  at  furthei 
debate,  do  not  prevent  him  from  going  on  if 
he  pleases.     [%  328.] 


106  PARLIAMENTARY    PRACTICE. 

CHAPTER   XII. 

OF  ORDER  IN  DEBATE. 

201.  Debate  in  a  deliberative  assembly 
must  be  distinguished  from  forensic  debate, 
or  that  which  takes  place  before  a  judicial 
tribunal ;  the  former  being,  in  theory,  at  least, 
more  the  expression  of  individual  opinions 
among  the  members  of  the  same  body ;  the 
latter  more  a  contest  for  victory,  between  the 
disputants,  before  a  distinct  and  independent 
body ;  the  former  not  admitting  of  replies ;  the 
latter  regarding  reply  as  the  right  of  one  of 
the  parties1. 

202.  It  is  a  general  rule,  in  all  deliberative 
assemblies,  that  the  presiding  officer  shall  not 
participate  in  the  debate,  or  other  proceedings, 
in  any  other  capacity  than  as  such  officer. 
He  is  only  allowed,  therefore,  to  state  matters 

1  Aa  exception  to  this  rule  is  sometimes  made  in  favor  of  the 
no^cr  of  a  question,  who  is  allowed,  at  the  close  of  the  debate,  to 
r?Vy  to  the  arguments  brought  against  his  motion ;  but  this  i.«  a 
Latter  of  favor  and  indulgence,  and  not  of  right. 


MANNER    OP    SPEAKING  107 

of  fact  within  his  knowledge ;  to  inform  the 
assembly  on  points  of  order  or  the  course  of 
proceeding,  when  called  upon  for  that  purpose, 
or  when  he  finds  it  necessaiy  to  do  so ;  and, 
on  appeals  from  Ins  decision  on  questions  of 
order,  to  address  the  assembly  in  debate. 

Sect.  I.     As  to  the  Manner,  of  speaking. 

203.  When  a  member  desires  to  address 
the  assembly,  on  any  subject  before  it  (as 
well  as  to  make  a  motion),  he  is  to  rise  and 
stand  up  in  his  place,  uncovered,  and  to 
address  himself  not  to  the  assembly,  or  any 
particular  member,  but  to  the  presiding  officer, 
who,  on  hearing  him,  calls  to  him  by  his  name, 
that  the  assembly  may  take  notice  who  it  is 
that  speaks,  and  give  their  attention  accord- 
ingly. If  any  question  arises,  as  to  who  shall 
be  entitled  to  the  floor,  where  several  mem- 
bers rise  at  or  nearly  at  the  same  time,  it  is 
decided  in  the  manner  already  described  (46), 
as  to  obtaining  the  floor  to  make  a  motion. 

204.  It  is  customary,  indeed,  for  the  pre- 
siding officer,  after  a  motion  has  been  made 
seconded,  and  proposed,  to  give  the  floor  to 


108        PARLIAMENTARY  PRACTICE. 

the  mover1,  in  preference  to  others,  if  lie  rises 
to  speak;  or,  on  resuming  a  debate,  after  an 
adjournment,  to  give  the  floor,  if  he  desires  it, 
to  the  mover  of  the  adjournment,  in  preference 
to  other  members ;  or,  where  two  or  more 
members  claim  the  floor,  to  prefer  him  who 
is  opposed  to  the  measure  in  question;  but, 
in  all  these  cases,  the  determination  of  the 
presiding  officer  may  be  overruled  by  the 
assembly. 

205.  It  is  sometimes  thought,  that,  when 
a  member,  in  the  course  of  debate,  breaks  off 
his  speech,  and  gives  up  the  floor  to  another 
for  a  particular  purpose,  he  is  entitled  to  it 
again,  as  of  right,  when  that  purpose  is 
accomplished;  but,  though  this  is  generally 
conceded,  yet,  when  a  member  gives  up  the 
floor  for  one  purpose,  he  does  so  for  all;  and 
it  is  not  possible  for  the  presiding  officer  to 
take  notice  of  and  enforce  agreements  of  this 
nature  between  members. 

206.  No  person,  in  speaking,  is  to  mention 

i  Sometimes  a  member,  instead  of  proposing  his  motion,  at  first, 
proceeds  with  his  speech ;  but,  m  such  a  case,  he  is  liable  to  be 
taken  down  to  order,  unless  he  state?  that  he  intends  to  conclude 
with  a  motion,  and  informs  the  assembly  what  that  motion  is,  and 
Ihen  he  may  be  allowed  to  proceed. 


MAWIUER    OF    SPEAKING.  109 

a  member  then  present  by  his  name ;  but  to 
describe  him  by  his  seat  in  the  assembly,  or 
as  the  member  who  spoke  last,  or  last  but  one, 
or  on  the  other  side  of  the  question,  or  by 
some  other  equivalent  expression.  The  pur- 
pose of  this  rule  is  to  guard  as  much  as 
possible  against  the  excitement  of  all  personal 
feeling,  either  of  favor  or  of  hostility,  by  sepa- 
rating, as  it  were,  the  official  from  the  personal 
character  of  each  member,  and  having  regard 
to  the  former  only  in  the  debate. 

207.  If  the  presiding  officer  rises  up  to 
speak,  any  other  member,  who  may  have 
risen  for  the  same  purpose,  ought  to  sit  down, 
in  order  that  the  former  may  be  first  heard ; 
but  this  rule  does  not  authorize  the  presiding 
officer  to  interrupt  a  member,  whilst  speaking, 
or  to  cut  off  one  to  whom  he  has  given  the 
floor ;  he  must  wait  like  other  members,  until 
such  member  has  done  speaking.     [IF  329.] 

208.  A  member,  whilst  speaking,  must  re 
main  standing  in  his  place,  uncovered;  and, 
when  he  has  finished  his  speech,  he  ought  to 
resume  his  seat ;  but  if  unable  to  stand  without 
pain  or  inconvenience,  in  consequence  of  age, 
sickness,  or  other  infirmity,  he  may  be  in- 
dulged to  speak  sitting. 


110  PARLIAMENTARY    PRACTICE. 

Sect.  II     As  to  the  Matter  in  speaking. 

209  Every  question,  that  can  be  made  in  a 
deliberative  assembly,  is  susceptible  of  being 
debated * ,  according  to  its  nature ;  that  is, 
every  member  has  the  right  of  expressing  his 
opinion  upon  it.  Hence,  it  is  a  general  rule, 
and  the  principal  one  relating  to  tins  matter, 
that,  in  debate,  those  who  speak  are  to  confine 
themselves  to  the  question,  and  not  to  speak 
impertinently,  or  beside  the  subject.  So  long 
as  a  member  has  the  floor,  and  keeps  within 
the  rule,  he  may  speak  for  as  long  a  time  as 
he  pleases  ;  though,  if  an  uninteresting  speaker 
trespasses  too  much  upon  the  time  and  pa- 
tience of  the  assembly,  the  members  seldom 
fail  to  show  their  dissatisfaction,  in  some  way 
or  other,  which  induces  him  to  bring  his  re- 
marks to  a  close.     [%  330.] 

210.  It  is  also  a  rule,  that  no  person,  in 
speaking,  is  to  use  indecent  language  against 
the  proceedings  of  the  assembly,  or  to  reflect 
upon  any  of  its  prior  determinations,  unless 
he   means   to   conclude   his   remarks  with   a 


1  In  legislative  bodies,  it  is  usual  to  provide,  that  certain  questions, 
as,  for  example,  to  adjourn,  to  lie  on  the  table,  for  the  previous  ques- 
tion, or,  as  to  the  order  of  business,  shall  be  decided  without  debate 


MATTER    IN    SPEAKING.  Ill 

motion  to  rescind  such  determination ;  but 
while  a  proposition  under  consideration  is  still 
pending,  and  not  adopted,  though  it  may  have 
been  reported  by  a  committee,  reflections  on 
it  are  no  reflections  on  the  assembly.  The 
ride  applies  equally  to  the  proceedings  of 
committees ;  which  are,  indeed,  the  proceed- 
ings of  the  assembly. 

211.  Another  rule  in  speaking  is,  that  no 
member  is  at  liberty  to  digress  from  the  mattei 
of  the  question,  to  fall  upon  the  person  of 
another,  and  to  speak  reviling,  nipping,  or 
unmannerly  words  of  or  to  him.  The  nature 
or  consequences  of  a  measure  may  be  repro- 
bated in  strong  terms ;  but  to  arraign  the 
motives  of  those  who  advocate  it,  is  a  person- 
ality and  against  order. 

212.  It  is  very  often  an  extremely  difficult 
and  delicate  matter  to  decide  whether  the 
remarks  of  a  member  are  pertinent  or  rele- 
vant to  the  question ;  but  it  will,  in  general, 
be  safe  for  the  presiding  officer  to  consider 
them  so,  unless  they  very  clearly  reflect,  in  an 
improper  manner,  either  upon  the  person  01 
motives  of  a  member,  or  upon  the  proceedings 
of  the  assembly;  or  the  member  speaking 
digresses  from  or  manifestly  mistakes  the 
question  8 


112  PARLIAMENTARY    PRACTICE. 

213.  tt  often  happens  in  the  consideration 
of  a  subject,  that,  whilst  the  general  question 
remains  the  same,  the  particular  question 
before  the  assembly  is  constantly  changing; 
thus,  while,  for  example,  the  general  question 
is  on  the  adoption  of  a  series  of  resolutions, 
the  particular  question  may,  at  one  moment, 
be  on  an  amendment;  at' another  on  postpone- 
ment; and,  again,  on  the  previous  question. 
In  all  these  cases,  the  particular  question 
supersedes,  for  the  time,  the  main  question ; 
and  those  who  speak  to  it  must  confine  their 
remarks  accordingly.  The  enforcement  of 
order,  in  this  respect,  requires  the  closest 
attention  on  the  part  of  the  presiding 
officer.     [1T  331.] 

214.  When  a  member  i£  interrupted  by 
the  presiding  officer,  or  called  to  order  by  a 
member,  for  irrelevancy  or  departing  from  the 
question,  a  question  may  be  made  as  to 
whether  he  shall  be  allowed  to  proceed  in 
his  remarks,  in  the  manner  he  was  speaking 
when  he  was  interrupted ;  but,  if  no  question 
is  made,  or  if  one  is  made  and  decided  in  the 
negative,  he  is  still  to  be  allowed  to  proceed 
in  order,  that  is,  abandoning  the  objectionable 
course  of  remark. 


TJ.MES    OF    SPEAKING.  113 

Sect.  III.     As  to   Times   of  speaking. 

215.  The  general  rule,  in  all  deliberative 
assemblies,  unless  it  is  otherwise  special.y 
provided,  is,  that  no  member  shall  speak  more 
than  once  to  the  same  question1;  although  the 
debate  on  that  question  may  be  adjourned 
and  continued  through  several  days ;  and, 
although  a  member,  who  desires  to  speak  a 
second  time,  has,  in  the  course  of  the  debate, 
changed  his  opinion. 

216.  This  rule  refers  to  the  same  question, 
technically  considered;  for,  if  a  resolution  is 
moved  and  debated,  and  then  referred  to  a 
committee,  those  who  speak  on  the  introduc- 
tion of  the  motion  may  speak  again  on  the 
question  presented  by  the  report  of  the  com- 
mittee, though  it  is  substantially  the  same 
question  with  the  former ;  and,  so,  members, 
who  have  spoken  on  the  principal  or  main 
question,  may  speak  again  on  all  the  sub- 
sidiary or  incidental  questions  arising  in  the 
course  of  the  debate.     [^  332.] 


The  mover  and  seconder,  if  they  do  not  speak  to  the  question, 
ai  ;*<  time  when  the  motion  is  made  and  seconded,  have  the  sam« 
ri**4  with  other  members  to  address  the  assembly. 


114  PARLIAMENTARY    PRACTICE. 

217.  The  rule,  as  to  speaking  but  once  on  a 
question,  if  strictly  enforced,  will  prevent  a 
member  from  speaking  a  second  time,  without 
the  general  consent  of  the  assembly,  so  long 
as  there  is  any  other  member  who  himself 
desires  to  speak ;  but,  when  all  who  desire  to 
speak  have  spoken,  a  member  may  speak  a 
second  time  by  leave  of  the  assembly. 

218.  A  member  may  also  be  permitted  to 
speak  a  second  time,  in  tiie  same  debate,  in 
order  to  clear  a  matter  of  fact ;  or  merely  tc 
explain  himself  in  some  material  part  of  his 
speech;  or  to  the  orders  of  the  assembly,  if  they 
be  transgressed  (although  no  question  may  be 
made),  but  carefully  keeping  within  that  line, 
and  not  falling  into  the  matter  itself.    [^  333.] 

219.  It  is  sometimes  supposed,  that,  because 
a  member  has  a  right  to  explain  himself, 
he  therefore  has  a  right  to  interrupt  another 
member,  whilst  speaking,  in  order  to  make 
the  explanation :  but  this  is  a  mistake  ;  he 
should  wait  until  the  member  speaking  has 
finished ;  and  if  a  member,  on  being  requested, 
yields  the  floor  for  an  explanation,  he  re- 
linquishes it  altogether. 


STOPPING    DEBATE.  115 

Sect.  IV.     As  to  stopping  Debate. 

220  The  only  mode  in  use,  in  this  country,, 
until  recently,  for  the  purpose  of  putting  an 
end  to  an  unprofitable  or  tiresome  debate, 
was  by  moving  the  previous  question;  the 
effect  of  which  motion,  as  already  explained, 
if  decided  in  the  affirmative,  is  to  require  the 
main  or  principal  question  to  be  immediately 
taken.  When  this  question  is  moved,  there- 
fore, it  necessarily  suspends  all  further  con- 
sideration of  the  main  question,  and  precludes 
all  farther  debate  or  amendment  of  it ;  though, 
as  has  been  seen,  it  stands  in  the  same  degree 
with  postponement,  amendment,  and  commit- 
ment ;  and,  unless  in  virtue  of  a  special  rule, 
cannot  be  moved  while  either  of  those  mo- 
tions is  pending. 

221.  The  other  mode  of  putting  an  end  to 
debate,  which  has  recently  been  introduced 
into  use,  is  for  the  assembly  to  adopt  before- 
hand a  special  order  in  reference  to  a  particular 
subject,  tbat,  at  such  a  time  specified,  all 
debate  upon  it  shall  cease,  and  all  motions  or 
questions  pending  in  relation  to  it  shall  be 
decided. 


116  PARLIAMENTARY    PRACTICE. 

222.  Another  rule,  which  has  lately  been 
introduced  for  the  purpose  of  shortening  rather 
than  stopping  debate,  is,  that  no  member  shall 
be  permitted  to  speak  more  than  a  certain 
specified  time  on  any  question ;  so  that,  when 
the  time  allotted  has  expired,  the  presiding 
officer  announces  the  fact,  and  the  member 
speaking  resumes  his  seat. 

Sect.  V.     As  to  Decorum  in  Debate. 

223.  Every  member  having  the  right  to  be 
heard,  every  other  member  is  bound  to  con- 
duct himself  in  such  a  manner,  that  this  right 
may  be  effectual.  Hence,  it  is  a  rule  of  order, 
as  well  as  of  decency,  that  no  member  is  to 
disturb  another  in  his  speech  by  hissing, 
coughing,  spitting;  by  speaking,  or  whisper- 
ing; by  passing  between  the  presiding  officer 
and  the  member  speaking;  by  going  across 
the  assembly-room,  or  walking  up  and  down 
in  it ;  or  by  any  other  disorderly  deportment, 
which  tends  to  disturb  or  disconcert  a  member 
who  is  speaking. 

224.  But,  if  a  member  speaking  finds,  that 
he  is  not  regarded  with  that  respectful  atten- 
tion, which  his  equal   right  demands,  —  that 


DECORUM    IN    DEEATE.  117 

it  is  not  the  inclination  of  the  assembly  ti  hear 
him,  —  and  that  by  conversation  or  any  other 
noise  they  endeavor  to  drown  his  voice,  —  it 
is  his  most  prudent  course  to  submit  himself 
to  the  pleasure  of  the  assembly,  and  to  sit 
down ;  for  it  scarcely  ever  happens,  that  the 
members  of  an  assembly  are  guilty  of  this 
piece  of  ill  maimers,  without  some  excuse 
or  provocation,  or  that  they  are  so  wholly 
inattentive  to  one,  who  says  any  thing  worth 
their  hearing. 

225.  It  is  the  duty  of  the  presiding  officer, 
in  such  a  case,  to  endeavor  to  reduce  the 
assembly  to  order  and  decorum;  but,  if  his 
repeated  calls  to  order,  and  his  appeals  to  the 
good  sense  and  decency  of  the  members, 
prove  ineffectual,  it  then  becomes  his  duty  to 
call  by  name  any  member  who  obstinately 
persists  in  irregularity ;  whereupon  the  as- 
sembly may  require  such  member  to  with- 
draw ;  who  is  then  to  be  heard,  if  he  desires 
it,  in  exculpation  and  to  withdraw;  then  the 
presiding  officer  states  the  offence  committed, 
and  the  assembly  considers  of  the  kind  and 
degree  of  punishment  to  be  inflicted. 

226.  If,  on  repeated  trials,  the  presiding 
officer  finds  that  the  assembly  will  not  support 


118  PARLIAMENTARY    PRACTICE. 

him  in  the  exercise  of  his  authority,  he  will 
then  be  justified,  but  not  till  then,  in  permit- 
ting, without  censure,  every  kind  of  disorder. 

Sect.  VI.     As  to  Disorderly  Words. 

227.  If  a  member,  in  speaking,  makes  us 8 
of  language,  which  is  personally  offensive  to 
another,  or  insulting  to  the  assembly,  and  the 
member  offended,  or  any  other,  thinks  proper 
to  complain  of  it  to  the  assembly,  the  course 
of  proceeding  is  as  follows :    [^[  334] 

228.  The  member  speaking  is  immediately 
interrupted  in  the  course  of  his  speech,  by 
another  or  several  members  rising  and  calling 
to  order;  and,  the  member,  who  objects  or 
complains  of  the  words,  is  then  called  upon 
by  the  presiding  officer  to  state  the  words 
which  he  complains  of,  repeating  them  exactly 
as  he  conceives  them  to  have  been  spoken, 
in  order  that  they  may  be  reduced  to  writing 
by  the  clerk ;  or  the  member  complaining, 
without  being  so  called  upon,  may  proceed  at 
once  to  state  the  words  either  verbally  or  in 
writing,  and  desire  that  the  clerk  may  take 
them  down  at  the  table.  The  presiding 
Dfiicer  may  then  direct  (he  clerk  to  take  them 


DISORDERLY    WORDS.  119 

down;  but  if  he  sees  the  objection  to  le  a 
trivial  one,  and  thinks  there  is  no  foundation 
for  their  being  thought  disorderly,  he  will 
prudently  delay  giving  any  such  directions,  in 
order  not  unnecessarily  to  interrupt  the  pro- 
ceedings ;  though  if  the  members  generally 
seem  to  be  in  favor  of  having  the  words  taken 
down,  by  calling  out  to  that  effect,  or  by  a 
vote,  which  the  assembly  may  doubtless  pass, 
the  presiding  officer  should  certainly  order  the 
clerk  to  take  them  down,  in  the  form  and 
manner  in  which  they  are  stated  by  the 
member  who  objects. 

229.  The  words  objected  to  being  thus 
written  down,  and  forming  a  part  of  the 
minutes  in  the  clerk's  book,  they  are  next  to 
be  read  to  the  member  who  was  speaking, 
who  may  deny  that  those  are  the  words; 
which  he  spoke,  in  which  case,  the  assembly 
must  decide  by  a  question,  whether  they 
are  the  words  or  not1.  If  he  does  not  deny 
that  he  spoke  those  words,  or  when  the 
assembly  has  itself  determined  what  the 
words    are,    then    the    member    may    either 


1  Tne  words,  as  written  down,  may  be  amended,  so  as  to  conform 
Vo  what  iLe  assembly  thinks  to  be  the  trum. 


120  PARLIAMENTARY    PRACTICE 

justify  them,  or  explain  the  sense  in  wliich 
he  used  them,  so  as  to  remove  the  objection 
of  their  being  disorderly ;  or  he  may  make  an 
apology  for  them. 

230.  If  the  justification,  or  explanation,  or 
apology,  of  the  member,  is  thought  sufficient 
by  the  assembly,  no  further  proceeding  is 
necessary;  the  member  may  resume  and  go 
on  with  his  speech,  the  assembly  being  pre- 
sumed, unless  some  further  motion  is  made, 
to  be  satisfied;  but,  if  any  two  members  (one 
to  make  and  the  other  to  second  the  motion) 
think  it  necessary  to  state  a  question,  so  as 
to  take  the  sense  of  the  assembly  upon  the 
words,  and  whether  the  member  in  using 
them  has  been  guilty  of  any  offence- towards 
the  assembly,  the  member  must  withdraw 
before  that  question  is  stated;  and  then  the 
sense  of  the  assembly  must  be  taken,  and 
such  further  proceedings  had  in  relation  to 
punishing  the  member,  as  may  be  thought 
necessaiy  and  proper. 

231.  The  above  is  the  course  of  proceeding 
established  by  the  writers  of  greatest  author- 
ity1, and   ought  invariably  to  be  pursued;    i! 

1  Mr.  Ibitsell,  in  England,  and  Mr.  Jefferson,  in  this  eo'iniry. 


DISORDERLY    WORDS.  121 

might  however  be  improved,  by  the  member 
who  objects  to  words  writing  them  down  at 
nice,  and  thereupon  moving  that  they  be 
made  a  part  of  the  minutes  ;  by  winch  means, 
the  presiding  officer  would  be  relieved  from 
the  responsibility  of  determining,  in  the  first 
instance,  upon  the  character  of  the  words. 

232.  If  offensive  words  are  not  taken  notice 
of  at  the  time  they  are  spoken1,  but  the 
member  is  allowed  to  finish  his  speech,  and 
then  any  other  person  speaks,  or  any  other 
matter  of  business  intervenes,  before  notice  is 
taken  of  the  words  which  gave  offence,  the 
words  are  not  to  be  written  down,  or  the 
member  using  them  censured.  This  rule  is 
established  for  the  common  security  of  all  the 
members ;  and  to  prevent  the  mistakes  which 
must  necessarily  happen,  if  words  complained 
of  are  not  immediately  reduced  to  writing. 


i  .Mr.  Jefferson  (§  17)  lays  it  down,  that  "  disorderly  words  are  not 
to  be  noticed  till  the  member  has  finished  his  speech."  But  in  this, 
he  is  contradicted  by  Hatsell,  as  well  as  by  the  general  practice  of 
egislative  bodies. 


122  PARLIAMENTARY    PRACTICE. 

CHAPTER   XIII. 

OF    THE     QUESTION. 

2'ao.  "When  any  proposition  is  made  to  8 
deliberative  assembly,  it  is  called  a  motion, 
when  it  is  stated  or  propounded  to  the  as- 
sembly, tot  their  acceptance  or  rejection,  it  is 
denominated  a  question;  and,  when  adopted, 
it  becomes  tne  order,  resolution,  or  vote,  of  the 
assembly. 

234.  All  the  proceedings,  which  have  thus 
far  been  considered,  have  only  had  for  their 
object  to  bring  a  proposition  into  a  form  to  be 
put  to  the  question ;  that  is,  to  be  adopted  as 
the  sense,  will,  oi  judgment,  of  the  assembly, 
or  to  be  rejected ;  according  as  such  propo- 
sition may  be  found  to  unite  in  its  favor,  or  to 
fail  oi  uniting,  a  majority  of  the  members. 

235.  When  any  proposition,  whether  princi- 
pal, subsidiary,  or  incidental,  or  of  whatever 
nature  it  may  be,  is  made,  seconded,  ana 
stated,  if  no  alteration  is  proposed,  —  or  if  it 
admits  of  none,  or  if  it  is  amended,  —  and  the 
debate  upon  it,  if  any,  appears  to  be  brought 


FORM    OF    QUESTION.  123 

co  a  close,  the  presiding  officer  then  inquiies, 
whether  the  assembly  is  ready  for  the  ques- 
tion? and,  if  no  person  rises,  the  question  is 
then  stated,  and  the  votes  of  the  assembly 
taken  upon  it.     [If  335.] 

236.  The  question  is  not  always  stated  to 
the  assembly,  in  the  precise  form  in  which  it 
arises  or  is  introduced ;  thus,  for  example, 
when  a  member  presents  a  petition,  or  the 
chairman  of  a  committee  offers  a  report,  the 
question  which  arises,  if  no  motion  is  made, 
is,  Shall  the  petition  or  the  report  be  received! 
and,  so,  when  the  previous  question  is  moved, 
it  is  stated  in  this  form,  Shall  the  main  ques- 
tion be  now  put?  —  the  question  being  stated, 
in  all  cases,  in  the  form  in  which  it  will  appeal 
on  the  journal,  if  it  passes  in  the  affirmative. 

237.  In  matters  of  trifling  importance,  or 
which  are  generally  of  course,  such  as  re- 
ceiving petitions  and  reports,  withdrawing 
motions,  reading  papers,  &e.,  the  presiding 
officer  most  commonly  supposes  or  takes  for 
granted  the  consent  of  the  assembly,  where 
no  objection  is  expressed,  and  does  not  go 
through  the  formality  of  taking  the  question 
by   a   vote*    But    if,  after   a  vote    has   been 

taken   m  this  informal  way  and  declared,  any 
*  \%  313.)  ' 


124  PARLIAMENTARY    PRACTICE 

member  rises  to  object,  the  presiding  officer 
should  consider  every  thing  that  has  passed 
as  nothing,  and,  at  once,  go  back  and  pursue 
the  regular  course  of  proceeding.  Thus,  if  a 
petition  is  received,  without  a  question,  and 
the  clerk  is  proceeding  to  read  it,  in  the  usual 
order  of  business,  if  any  one  rises  to  object, 
it  will  be  the  safest  and  most  proper  course, 
for  the  presiding  officer  to  require  a  motion  foi 
receiving  it  to  be  regularly  made  and  seconded. 
238.  The  question  being  stated  by  the  pre- 
siding officer,  he  first  puts  it  in  the  affirmative, 
namely:  As  many  as  are  of  opinion  tJiat — 
repeating  the  words  of  the  question,  —  say 
aye;  and,  immediately,  all  the  members  who 
are  of  that  opinion  answer  aye ;  the  presiding 
officer  then  puts  the  question  negatively;  As 
many  as  are  of  a  different  opinion,  say  no;  and, 
thereupon,  all  the  members  who  are  of  thaf 
opinion  answer  no.  The  presiding  officer 
judges  by  his  ear  which  side  has  "the  more 
voices,"  and  decides  accordingly,  that  the  ayes 
have  it,  or  the  noes  have  it,  as  the  case  may  be. 
If  the  presiding  officer  is  doubtful  as  to  the 
majority  of  voices,  he  may  put  the  question  a 
second  time,  and  if  he  is  still  unable  to  decide, 
or,  if,  having  decided  according  to  his  jndg- 


TAKING    THE    QUESTION.  125 

ment,  any  member  rises  and  declares,  tliat  lie 
believes  the  ayes  or  the  noes  (whichever  it  may 
be)  have  it,  contrary  to  the  declaration  of*  the 
presiding  officer1,  then  the  presiding  officer 
directs  the  assembly  to  divide,  in  order  that 
the  members  on  the  one  side  and  the  other 
may  be  counted. 

239.  If,  however,  any  new  motion  should 
be  made,  after  the  presiding  officer's  decla- 
ration, or,  if  a  member,  who  was  not  in  the 
assembly-room  when  the  question  was  taken, 
should  come  in.  it  will  then  be  too  late  to 
contradict  the  presiding  officer,  and  have  the 
assembly  divided. 

240.  The  above  is  the  parliamentary  form 
of  taking  a  question,  and  is  in  general  use  in 
this  country;  but,  in  some  of  our  legislative 
assemblies,  and  especially  in  those  of  the 
New  England  states,  the  suffrages  are  given 
by  the  members  holding  up  their  right  hands, 
first,  those  in  the  affirmative,  and  then  those 
in  the  negative,  of  the  question.  If  the  pre- 
siding officer  cannot  determine,  by  the  show 
of  hands,  which  side  has  the  majority,  he  may 
call  upon  the  members  to  vote  again,  and  if 

i  The  most  common  expression  is :  "  I  doubt  the  vote,"  orv  « that 
ro'i;  is  doub'ed." 


126  PARLIAMENTARY    PRACTICE. 

he  is  still  in  doubt,  or  if  his  declaration  is 
questioned,  a  division  takes  place.  When 
the  question  is  taken  in  this  manner,  the  pre- 
siding officer  directs  the  members,  first  on  the 
affirmative  side,  and  then  on  the  negative,  to 
manifest  their  opinion  by  holding  up  the  right 
hand. 

241.  When  a  division  of  the  assembly  takes 
place,  the  presiding  officer  sometimes  directs 
the  members  to  range  themselves  on  different 
sides  of  the  assembly-room,  and  either  counts 
them  himself,  or  they  are  counted  by  tellers 
appointed  by  him  for  the  purpose,  or  by  moni- 
tors permanently  appointed  for  that  and  other 
purposes;  or  the  members  rise  in  their  seats, 
first  on  the  affirmative  and  then  on  the  nega- 
tive, and  (standing  uncovered)  are  counted  in 
the  same  manner.  When  the  members  are 
counted  by  the  presiding  officer,  he  announces 
the  numbers  and  declares  the  result.  When 
they  are  counted  by  tellers  or  monitors,  the 
tellers  must  first  agree  among  themselves,  and 
then  the  one  who  has  told  for  the  majority 
reports  the  numbers  to  the  presiding  officer 
who,  thereupon,  declares  the  result. 

242.  The  best  mode  of  dividing  an  assem- 
bly, that  is  at  all  numerous,  is  for  the  presiding 


YEAS    AND    NAYS.  1^7 

officer  to  appoint  tellers  for  each  division  or 
section  of  the  assembly-room,  and  then  to 
require  the  members,  first  those  in  the  affirm- 
ative, and  then  those  in  the  negative,  to  rise, 
stand  uncovered,  and  be  counted ;  this  being 
done,  on  each  side,  the  tellers  of  the  several 
divisions  make  then  returns,  and  the  presiding 
officer  declares  the  result. 

243.  If  the  members  are  equally  divided,  the 
presiding  officer  may,  if  he  pleases,  give  the 
casting  vote;*  or,  if  he  chooses,  he  may  refrain 
from  voting,  in  which  case,  the  motion  does 
not  prevail,  and  the  decision  is  in  the  negative 

244.  It  is  a  general  rule,  that  every  member, 
who  is  in  the  assembly-room,  at  the  time 
when  the  question  is  stated,  has  not  only  the 
right  but  is  bound  to  vote ;  and,  on  the  other 
hand,  that  no  member  can  vote,  "who  was  not 
in  the  room  at  that  time. 

245.  The  only  other  form  of  taking  the 
question,  which  requires  to  be  described,  is 
one  in  general  use  in  this  country,  by  means 
of  which  the  names  of  the  members  voting  on 
the  one  side  and  on  the  other  are  ascertained  - 
and  entered  in  the  journal  of  the  assemble 
This  mode,  which  is  peculiar  to  the  legislativ 

bodies  of  the  United  States,  is  called  taking  tin 
*  [See  Tf  336,  for  Explanation  of  *f  24a.  J 
9 


12S  PARLIAMENTARY    PRACTICE. 

question  by  yeas  and  nays.  In  order  to  take 
a  question  in  this  manner,  it  is  stated  on  both 
sides  at  once,  namely:  As  many  as  are  of 
o /union,  that,  &c,  will,  when  their  names  are 
called,  ansvjer  yes ;  and,  .As  many  as  are  of  a 
different  opinion  will,  tvhen  their  names  are 
called,  answer  no ;  the  roll  of  the  assembly  is 
then  called  over  by  the  clerk,  and  each  mem- 
ber, as  his  name  is  called,  rises  in  his  place, 
and  answers  yes  or  no,  and  the  clerk  notes  the 
answer  as  the  roll  is  called.  When  the  roll  has 
been  gone  through,  the  clerk  reads  over  first 
the  names  of  those  who  have  answered  in  the 
affirmative,  and  then  the  names  of  those  who 
have  answered  in  the  negative,  in  order  that 
if  he  has  made  any  mistake  in  noting  the 
answer,  or  if  any  member  has  made  a  mistake 
in  his  answer,  the  mistake  of  either  may  be 
corrected.  The  names  having  been  thus  read 
over,  and  the  mistakes,  if  any,  corrected,  the 
clerk  counts  the  numbers  on  each  side,  and 
reports  them  to  the  presiding  officer,  who 
declares  the  result  to  the  assembly. 

246.  The  following  is  the  mode  practised  in 
the  house  of  representatives  of  Massachusetts, 
(wliich  is  by  far  the  most  numerous  of  all  the 
legislative  bodies  in  this  country,)  of  taking  a 


YEAS    AiND    A'AYS.  129 

question  by  yeas  nd  nays.  Tlie  names  of 
the  members  being  printed  on  a  sheet,  the 
clerk  calls  them  in  their  order ;  and,  as  each 
one  answers,  the  clerk  (responding  to  the 
member,  at  the  same  time)  places  a  figure  in 
pencil,  expressing  the  number  of  the  answer, 
at  the  left  or  right  of  the  name,  according  as 
the  answer  is  yes  or  no ;  so  that  the  last  figure 
or  number,  on  each  side,  shows  the  number 
of  the  answers  on  that  side ;  and  the  two  last 
numbers  or  figures  represent  the  respective 
numbers  of  the  affirmatives  and  negatives  on 
the  division.  Thus,  at  the  left  hand  of  the 
name  of  the  member  who  first  answers  yes,  the 
clerk  places  a  figure  1  ;  at  the  right  hand  of 
the  first  member  who  answers  no,  he  also 
places  a  figure  1 ;  the  second  member  that 
answers  yes  is  marked  2 ;  and  so  on  to  the  end 
of  the  list ;  the  side  of  the  name,  on  which  the 
figure  is  placed,  denoting  whether  the  answer 
is  yes  or  no,  and  the  figure  denoting  the  num- 
ber of  the  answer  on  that  side.  The  affirma- 
tives and  negatives  are  then  read  separately, 
if  necessary,  though  this  is  usually  omitted, 
and  the  clerk  is  then  prepared,  by  means  of  the 
last  figure  on  each  side,  to  give  the  numbers 
to  the.  speaker  to  be  announced  to  the  house. 


1'30  PARLIAMENTARY    PRACTICE. 

The  names  and  answers  are  afterwards  re- 
corded on  the  journal. 

247.  In  any  of  the  modes  of  taking  a  ques- 
tion, hi  which  it  is  first  put  on  one  side,  and 
then  on  the  other,  it  is  no  full  question,  until 
the  negative  as  well  as  the  affirmative  has 
been  put.  Consequently,  until  the  negative 
|  has  been  put,  it  is  in  order  for  any  member,  in 
H  the  same  manner  as  if  the  division  had  not 
'  commenced,  to  rise  and  speak,  make  motions 
for  amendment,  or  otherwise,  and  thus  renew 
the  debate ;  and,  this,  whether  such  member 
was  in  the  assembly-room  or  not,  when  the 
question  was  put  and  partly  taken.  In  such  a 
case,  the  question  must  be  put  over  again  on 
the  affirmative,  as  well  as  the  negative  side ; 
for  the  reason,  that  members  who  were  not  in 
the  assembly-room,  when  the  question  was 
first  put,  may  have  since  come  in,  and  also 
that  some  of  those  who  voted,  may  have  since 
changed  their  minds.  When  a  question  is 
taken  by  yeas  and  nays,  and  the  negative  as 
well  as  the  affirmative  of  the  question  is 
stated,  and  the  voting  on  each  side  begins 
and  proceeds,  at  the  same  time,  the  question 
cannot  be  opened  and  the  debate  renewed 
after  the  voting  has    commenced. 


QUESTIONS    ON    A    DIVISION.  131 

248.  If  any  question  arises,  in  a  point  of 
order,  as,  for  example,  as  to  the  right  or  the 
duty  of  a  member  to  vote,  during  a  division, 
the  presiding  officer  must  decide  it  perempto- 
rily, subject  to  the  revision  and  correction  of 
the  assembly,  after  the  division  is  over.  In  a 
case  of  this  kind,  there  can  be  no  debate, 
though  the  presiding  officer  may  if  he  pleases 
receive  the  assistance  of  members  with  their 
advice,  winch  they  are  to  give  sitting,  in  order 
to  avoid  even  the  appearance  of  a  debate; 
but  this  can  only  be  with  the  leave  of  the 
presiding  officer,  as  otherwise  the  division 
might  be  prolonged  to  an  inconvenient  length ; 
nor  can  any  question  be  taken,  for  otherwise 
there  might  be  division  upon  division  without 
end. 

249.  When,  from  counting  the  assembly  on  a 
division,  it  appears  that  there  is  not  a  quorum 
present,  there  is  no  decision ;  but  the  matter 
in  question  continues  in  the  same  state,  in 
which  it  was  before  the  division ;  and,  when 
afterwards  resumed,  whether  on  the  same  or 
on  some  future  day,  it  must  be  taken  up  at 
that  precise  point. 


132  PARLIAMENTARY    FRACTICE. 


CHAPTER   XIV. 

OF    RECONSIDERATION. 

250.  It  is  a  principle  of  parliamentary  law, 
upon  which  many  of  the  rules  and  proceedings 
previously  stated  are  founded,  that  when  a 
question  has  been  once  put  to  a  deliberative 
assembly,  and  decided,  whether  in  the  affirm- 
ative or  negative,  that  decision  is  the  judgment 
of  the  assembly,  and  cannot  be  again  brought 
into  question.  . 

251.  This  principle  holds  equally,  althoug 
the  question  proposed  is  not  the  identical 
question  which  has  already  been  decided,  but 
only  its  equivalent;  as,  for  example,  where 
the  negative  of  one  question  amounts  to  the 
affirmative  of  the  other,  and  leaves  no  other 
alternative,  these  questions  are  the  equiva- 
lents of  one  another,  and  a  decision  of  the  one 
necessarily  concludes  the  other. 

252.  A  common  application  of  the  rule  as 
to  equivalent  questions  occurs  in  the  case 
of  an  amendment  proposed  by  striking  out 
words ;  in  which  it  is  the  invariable  practice  to 


RECONSIDERATION.  133 

consider  the  negative  of  striking  out  as  equiv- 
alent to  the  affirmative  of  agreeing  ;  so  that  to 
put  a  question  on  agreeing,  after  a  question 
on  striking  out  is  negatived,  would  be,  in 
effect,  to  put  the  same  question  twice  over. 

253.  The  principle  above  stated  does  not 
apply  so  as  to  prevent  putting  the  same  ques- 
tion in  the  different  stages  of  any  proceeding, 
as,  for  example,  in  legislative  bodies,  the 
different  stages  of  a  bill;  so,  in  considering 
reports  of  committees,  questions  already  taken 
and  decided,  before  the  subject  was  referred, 
may  be  again  proposed ;  and,  in  like  manner, 
orders  of  the  assembly,  and  instructions  01 
references  to  committees,  may  be  discharged 
or  rescinded. 

254.  The  inconvenience  of  this  rule,  which 
is  still  maintained  in  all  its  strictness  in  the 
British  parliament  (though  divers  expedients 
are  there  resorted  to,  to  counteract  or  evade  it), 
has  led  to  the  introduction  into  the  parlia- 
mentary practice  of  this  country  of  the  motion 
for  reconsideration ;  which,  while  it  recognizes 
and  upholds  the  rule  in  all  its  ancient  strict- 
ness, yet  allows  a  deliberative  assembly,  for 
sufficient  reasons,  to  relieve  itself  from  the 
embarrassment     and      inconvenience,     which 


134  PARLIAMENTARY    PRACTICE. 

would   occasionally   result   from   a  strict   en- 
forcement of  the  rule  in  a  particular  case. 

255.  It  has  now  come  to  be  a  common 
practice  in  all  our  deliberative  assemblies,  and 
may  consequently  be  considered  as  a  principle 
of  the  common  parliamentary  law  of  this 
country,  to  reconsider  a  vote  already  passed, 
whether  affirmatively  or  negatively. 

256.  For  this  purpose,  a  motion  is  made 
and  seconded,  in  the  usual  manner,  that  such 
a  vote  be  reconsidered;  and,  if  this  motion 
prevails,  the  matter  stands  before  the  assem- 
bly in  precisely  the  same  state  and  condition, 
and  the  same  questions  are  to  be  put  in  re- 
lation to  it,  as  if  the  vote  reconsidered  had 
never  been  passed.  Thus,  if  an  amendment 
by  inserting  words  is  moved  and  rejected,  the 
same  amendment  cannot  be  moved  again- 
but,  the  assembly  may  reconsider  the  vote  by 
which  it  was  rejected,  and  then  the  question 
will  recur  on  the  amendment,  precisely  as 
if  the  former  vote  had  never  been  passed. 

257.  It  is  usual  in  legislative  bodies,  to 
regulate  by  a  special  rule  the  time,  manner, 
and  by  whom,  a  motion  to  reconsider  may  be 
made  ;  thus,  for  example,  that  it  shall  be  made 
only  on  the  same  or  a  succeeding  day,  —  by  9 


RECONSIDERATION.  135 

member  who  voted  with  the  majority,  —  or  at 
a  time  when  there  are  as  many  members 
present  as  there  were  when  the  vote  was 
passed ;  but,  where  there  is  no  special  rule  on 
the  subject,  a  motion  to  reconsider  must  be 
considered  in  the  same  light  as  any  other 
motion,  and  as  subject  to  no  other  rules.  [% 
337.1 


136  PARLIAMENTARY    PRACTICE. 

CHAPTER  XV 

OF    COMMITTEES 
Sect.  I     Their  Nature  and  Functions 

258.  It  is  usual  in  all  deliberative  assem- 
blies, to  take  the  preliminary  (sometimes, 
also,  the  intermediate)  measures,  and  to 
prepare  matters  to  be  acted  upon,  in  tne 
assembly,  by  means  of  committees,  composed 
either  of  members  specially  selected  for  the 
particular  occasion,  or  appointed  beforehand 
for  all  matters  of  the  same  nature. 

259.  Committees  of  the  first  kind  are 
asually  called  select,  fhe  others  standing, 
though  the  former  appellation  belongs  with 
equal  propriety  to  both,  in  order  to  distinguish 
them  from  another  form  of  committee,  con 
stituted  either  for  a  particular  occasion,  or  for 
all  cases  of  a  certain  land,  which  is  com- 
posed of  all  the  members  of  the  assembly,  and 
therefore  denominated  a  committee  of  the  w/iole 

2G0.  The  advantages  of  proceeding  in  this 
mode  are  manifold.  It  enables  a  deliberative 
assembly  to   do  many  things,  which,  from  it? 


COMMITTEES.  137 

numbers,  it  would  otherwise  be  unable  to  do  ; 
—  to  accomplish  a  much  greater  quantity  of 
business,  by  dividing  it  among  the  members, 
than  could  possibly  be  accomplished,  if  the 
whole  body  were  obliged  to  devote  itself  to 
each  particular  subject;  —  and  to  act  in  the 
preliminary  and  preparatory  steps,  with  a 
greater  degree  of  freedom,  than  is  compatible 
with  the  forms  of  proceeding  usually  observed 
in  full  assembly. 

261.  Committees  are  appointed  to  consider 
a  particular  subject,  either  at  large  or  under' 
special  instructions ;  to  obtain  information  in 
reference  to  a  matter  before  the  assembly, 
either  by  personal  inquiry  and  inspection, 
or  by  the  examination  of  witnesses;  and 
to  digest  and  put  into  the  proper  form,  for 
the  adoption  of  the  assembly,  all  resolutions, 
votes,  orders,  and  other  papers,  with  which 
they  may  be  charged.  Committees  are  com- 
monly said  to  be  the  "  eyes  and  ears  "  of  the 
assembly' ;  it  is  equally  true,  that,  for  certain 
purposes,  they  are  also  its  "  head  and  hands." 

262.  The  powers  and  functions  of  commit- 
tees depend  chiefly  upon  the  general  authority 
and  particular  instructions  given  them  by  the 
assembly,  at  the  time  of  their  appointment; 


138  PARLIAMENTARY     PRACTICE. 

but  they  may  also  be,  and  very  often  are, 
further  instructed,  whilst  they  are  in  the  exer- 
cise of  their  functions  ;  and,  sometimes,  it  even 
happens,  that  these  additional  instructions 
wholly  change  the  nature  of  a  committee,  by 
charging  it  with  inquiries  quite  different  from 
those  for  which  it  was  originally  established. 

Sect.  II.     Their  Appointment. 

263.  In  the  manner  of  appointing  commit- 
tees, there  is  no  difference  between  standing 
and  other  select  -committees,  as  to  the  mode 
of  selecting  the  members  to  compose  them ; 
and,  in  reference  to  committees  of  the  whole, 
as  there  is  no  selection  of  members,  they  are 
appointed  simply  by  the  order  of  the  assembly. 

264.  In  the  appointment  of  select  commit- 
tees, the  first  thing  to  be  done  is  to  fix  upon 
the  number.  This  is  usually  effected  in  the 
same  manner  that  blanks  are  filled,  namely, 
by  members  proposing,  without  the  formality  of 
a  motion,  such  numbers  as  they  please,  which 
are  then  separately  put  to  the  question,  be- 
ginning with  the  largest  and  going  regularly 
through  to  the  smallest,  until  the  assembly 
comes  to  a  vote. 


APPOINTMENT    OF    COMMITTEES.  139 

265.  The  number  being  settled,  there  are 
three  modes  of  selecting  the  members,  to  wit, 
by  the  appointment  of  the  presiding  officer,  — 
by  ballot,  —  and  by  nomination  and  vote  of 
the  assembly;  the  first,  sometimes  in  virtue 
of  a  standing  rule,  sometimes  in  pursuance  of 
a  vote  of  the  assembly  in  a  particular  case ; 
the  second  always  in  pursuance  of  a  vote ; 
the  last  is  the  usual  course  where  no  vote 
is  taken. 

266.  In  deliberative  assemblies,  whose  sit- 
tings are  of  considerable  length,  as  legislative 
bodies,  it  is  usual  to  provide  by  a  standing 
rule,  that,  unless  otherwise  ordered  in  a  par- 
ticular case,  all  committees  shall  be  named 
by  the  presiding  officer.  "Where  this  is  the 
case,  whenever  a  committee  is  ordered,  and 
the  number  settled,  the  presiding  officer  at 
once  names  the  members  to  compose  it. 
Sometimes,  also,  the  rule  fixes  the  number, 
of  which,  unless  otherwise  ordered,  commit- 
tees shall  consist.  This  mode  of  appointing 
a  committee  is  frequently  resorted  to,  where 
there  is  no  rule  on  the  subject. 

267.  When  a  committee  is  ordered  to  be 
appointed  by  ballot,  the  members  are  chosen 
by  the  assembly,  either  singlv  or  all  together. 


140  PARLIAMENTARY    PRACTICE. 

as  may  be  ordered,  in  the  same  mannei  that 
other  elections  are  made ;  and,  in  such  elec- 
tions, as  in  other  cases  of  the  election  of  the 
officers  of  the  assembly,  a  majority  of  all  the 
votes  given  in  is  necessary  to  a  choice. 

2G8.  When  a  committee  is  directed  to  be 
appointed  by  nomination  and  vote,  the  names 
of  the  members  proposed  are  put  to  the  ques- 
tion singly,  and  approved  or  rejected  by  the 
assembly,  by  a  vote  taken  in  the  usual  manner. 
If  the  nomination  is  directed  to  be  made  by 
the  presiding  officer,  he  may  propose  the 
names  in  the  same  manner,  or  all  at  once ; 
the  former  mode  being  the  most  direct  and 
simple ;  the  latter  enabling  the  assembly  to 
vote  more  understandingly  upon  the  several 
names  proposed.  When  the  nomination  is 
directed  to  be  made  at  large,  the  presiding 
officer  calls  upon  the  assembly  to  nominate, 
and  names  being  mentioned  accordingly,  he 
puts  to  vote  the  first  name  he  hears. 

269.  It  is  also  a  compendious  mode  of  ap- 
pointing a  committee,  to  revive  one  which 
has  already  discharged  itself  by  a  report ;  or 
by  charging  a  committee  appointed  for  one 
purpose  with  some  additional  duty,  of  the 
same  oi  a  different  character. 


APPOINTMENT    OF    COMMITTEES.  141 

270.  In  regard  to  the  appointment  of  com- 
mittees, so  far  as  the  selection  of  the  members 
is  concerned,  it  is  a  general  rule  in  legislative 
bodies,  when  a  bill  is  to  be  referred,  that  none 
who  speak  directly  against  the  body  of  it  are 
to  be  of  the  committee,  for  the  reason,  that  he 
who  would  totally  destroy  will  not  amend; 
but,  that,  for  the  opposite  reason,  those  who 
only  take  exceptions  to  some  particulars  in  the 
bill  are  to  be  of  the  committee.  This  rule 
supposes  the  purpose  of  the  commitment  to 
be.  not  the  consideration  of  the  general  merits 
of  the  bill,  but  the  amendment  of  it  in  its  par- 
ticular provisions,  so  as  to  make  it  acceptable 
to  the  assembly. 

271.  This  rule,  of  course,  is  only  for  the 
guidance  of  the  presiding  officer,  and  the 
members,  in  the  exercise  of  their  discretion; 
as  the  assembly  may  refuse  to  excuse  from 
serving,  or  may  itself  appoint,  on  a  committee, 
persons  who  are  opposed  to  the  subject  refer- 
red. It  is  customary,  however,  in  all  deliber- 
ative assemblies,  to  constitute  a  committee 
of  such  persons,  (the  mover  and  seconder 
of  a  measure  being  of  course  appointed,)  a 
majority  of  whom,  at  least,  are  favorably  in- 
clined to  the  measure  proposed. 


142  PARLIAMENTARY    PRACTICE. 

272  When  a  committee  has  been  appointed, 
in  reference  to  a  particular  subject,  it  is  the 
duty  of  the  secretary  of  the  assembly  to  make 
out  a  list  of  the  members,  together  with  a 
certified  copy  of  the  authority  or  instructions 
under  which  they  are  to  act,  and  to  give  the 
papers  to  the  member  first  named  on  the  list 
of  the  committee,  if  convenient,  but,  other- 
wise, to  any  other  member  of  the  committee. 

Sect.  III.     Their  Organization  and 
Manner  of  proceeding. 

273.  The  person  first  named  on  a  committee 
acts  as  its  chairman,  or  presiding  officer,  so  far 
as  relates  to  the  preliminary  steps  to  be  taken, 
and  is  usually  permitted  to  do  so,  through  the 
whole  proceedings ;  but  this  is  a  matter  of 
courtesy;  every  committee  having  a  right  to 
elect  its  own  chairman,  who  presides  over  it. 
and  makes  the  report  of  its  proceedings  to  the 
assembly. 

274.  A  committee  is  properly  to  receive 
directions  from  the  assembly,  as  to  the  time 
and  place  of  its  meeting,  and  cannot  regularly 
sic  at  any  other  time  or  place ;  and  it  may  be 
ordered  to  sit  immediately,  whilst  the  assembly 
is  sitting,  and  make  its  report  forthwith. 


PROCEEDINGS    OF    COMMITTEES-  143 

275.  When  no  directions  are  given,  a  com- 
mittee may  select  its  own  time  and  place  of 
meeting ;  but,  without  a  special  order  to  that 
effect,  it  is  not  at  liberty  to  sit  whilst  the 
assembly  sits ;  and,  if  a  committee  is  sitting, 
when  the  assembly  comes  to  order  after  an 
adjournment,  it  is  the  duty  of  the  chairman  to 
rise,  instantly,  on  being  certified  of  it,  and, 
with  the  other  members,  to  attend  the  service 
of  the  assembly. 

276.  In  regard  to  its  forms  of  proceeding,  a 
committee  is  essentially  a  miniature  assembly  ; 

—  it  can  only  act  when  regularly  assembled 
together,  as  a  committee,  and  not  by  separate 
consultation  and  consent  of  the  members ; 
nothing  being  the  agreement  or  report  of  a 
committee,  but  what  is  agreed  to  in  that 
manner ;  —  a  vote  taken  in  committee  is  as 
binding  as  a  vote  of  the  assembly ;  —  a  majority 
of  the  members  is  necessary  to  constitute  a 
quorum  for  business,  unless  a  larger  or  smaller 
number  has  been  fixed  by  the  assembly  itself, 

—  and  a  committee  has  fail  power  over  what- 
ever may  be  committed  to  it,  except  that  it  is 
not  at  liberty  to  change  the  title  or  subject.* 

277.  A  committee,  which  is  under  no  direc- 
tions as  to  the  time  and  place  of  meeting,  may 

10  *  [1i  338.1 


144  PARLIAMENTARY    PRACTICE. 

meet  when  and  where  it  pleases,  and  adjourn 
itself  from  day  to  day,  or  otherwise,  until  it 
has  gone  through  with  the  business  committed 
to  it ;  but,  if  it  is  ordered  to  meet  at  a  par- 
ticular time,  and  it  fails  of  doing  so,  for  any 
cause,  the  committee  is  closed,  and  cannot 
act  without  being  newly  directed  to  sit. 

278.  Disorderly  words  spoken  in  a  commit- 
tee must  be  written  down  in  the  same  manner 
as  in  the  assembly ;  but  the  committee,  as 
such,  can  do  nothing  more  than  report  them 
to  the  assembly  for  its  animadversion ;  neither 
can  a  committee  punish  disorderly  conduct 
ot  any  other  kind,  but  must  report  it  to  the 
assembly 

279.  When  any  paper  is  before  a  committee 
whether  select  or  of  the  whole,  it  may  either 
have  originated  with  the  committee,  or  have 
been  referred  to  them ;  and,  in  either  case, 
when  the  paper  comes  to  be  considered,  the 
course  is  for  it  to  be  first  read  entirely  through, 
by  the  clerk  of  the  committee,  if  there  is  one, 
otherwise  by  the  chairman ;  and  then  t(  be 
read  through  again  by  paragraphs,  b  the 
chairman,  pausing  at  the  end  of  each  paragraph, 
and  putting  questions  for  amending,  either  by 
striking  out  or  inserting,  if  proposed.     This  is 


PROCEEDINGS    OF    COMMITTEES.  145 

the  natural  order  of  proceeding  in  considering 
and  amending  any  paper,  and  is  to  be  strictly 
adhered  to  in  the  assembly;  but  the  same 
strictness  does  not  seem  necessary  in  a  com- 
mittee. 

2S0.  If  the  paper  before  a  committee  is  one 
which  has  originated  with  the  committee, 
questions  are  put  on  amendments  proposed, 
but  not  on  agreeing  to  the  several  paragraphs 
of  which  it  is  composed,  separately,  as  they 
are  gone  through  with  ;  this  being  reserved  for 
the  close,  when  a  question  is  to  be  put  on  the 
whole,  for  agreeing  to  the  paper,  as  amended, 
or  unamended. 

281.  If  the  paper  be  one,  which  has  been 
referred  to  the  committee,  they  proceed  as  in 
the  other  case  to  put  questions  of  amendment, 
if  proposed,  but  no  final  question  on  the 
whole ;  because  all  parts  of  the  paper,  having 
been  passed  upon  if  not  adopted  by  the 
assembly  as  the  basis  of  its  action,  stand,  of 
course,  unless  altered  or  struck  out  by  a  vote 
of  the  assembly.  And  even  if  the  committee 
are  opposed  to  the  whole  paper,  and  are  of 
opinion,  that  it  cannot  be  made  good  by 
amendments,  they  have  no  authority  to  reject 
it;  they  must  report  it  back  to  the  assembly, 


146  PARLIAMENTARY     PRACTICE. 

without  amendments,  (specially  stating  their 
objections,  if  they  think  proper,)  and  there 
make  their  opposition  as  individual  members1. 

282.  In  the  case  of  a  paper  originating  with 
a  committee,  they  may  erase  or  interline  it  as 
much  as  they  please ;  though,  when  finally 
agreed  to,  it  ought  to  be  reported  in  a  clear 
draft,  fairly  written,  without  erasure  or  inter- 
lineation. 

283.  But,  in  the  case  of  a  paper  referred  to 
ft  committee,  they  are  not  at  liberty  to  erase, 
interline,  blot,  disfigure,  or  tear  it,  in  any 
manner ;  but  they  must,  in  a  separate  paper, 
set  down  the  amendments  they  have  agreed 
to  report,  stating  the  words  which  are  to  be 
inserted  or  omitted,  and  the  places  where  the 
amendments  are  to  be  made,  by  references  to 
the  paragraph  or  section,  line,  and  word. 

284.  If  the  amendments  agreed  to  are  very 
numerous  and  minute,  the  committee  may 
report  them  altogether,  in  the  form  of  a  new 
and  amended  draft. 

285.  When  a  committee  has  gone  through 
the   paper,   or  agreed  upon  a  report  on  the 

1  This  rule  is  not  applicable,  of  course,  to  those  cases  in  which 
the  subject,  as  well  as  the  form  or  details  of  a  paper,  is  referred  to 
the  committee. 


REPORT    OF    COMMITTEE.  M7 

subject,  which  has  been  referred  to  them,  it 
is  then  moved  by  some  member,  and  there- 
upon voted,  that  the  committee  rise,  and  that 
the  chairman,  or  some  other  member,  make 
then:  report  to  the  assembly. 


Sect.  IV.     Their  Report. 

286.  When  the  report  of  a  committee  is  to 
oe  made,  the  chairman,  or  member  appointed 
to  make  the  report,  standing  in  his  place, 
informs  the  assembly,  that  the  committee,  to 
whom  was  referred  such  a  subject  or  paper, 
have,  according  to  order,  had  the  same  under 
consideration,  and  have  directed  him  to  make 
a  report  thereon,  or  to  report  the  same  with 
sundry  amendments,  or  without  amendment, 
as  the  case  may  be,  which  he  is  ready  to  do, 
when  the  assembly  shall  please;  and  he  or 
any  other  member  may  then  move  that  the 
report  be  now  received.  On  tins  motion  being 
made,  the  question  is  put  whether  the  assem- 
bly will  receive  the  report  at  that  time :  and 
a  vote  passes,  accordingly,  either  to  receive  it 
then,  or  fixing  upon  some  future  time  for  its 
reception.    [IF  339.] 


148  PARLIAMENTARY    PRACTICE. 

287.  At  the  time,  when,  by  the  order  of 
the  assembly,  the  report  is  to  be  received^ 
the  chairman  reads  it  in  his  place,  and  then 
delivers  it,  together  with  all  the  papers,  con- 
nected with  it,  to  the  clerk  at  the  table ;  where 
it  is  again  read,  and  then  lies  on  the  table, 
until  the  time  assigned,  or  until  it  suits  the 
convenience  of  the  assembly,  to  take  it  up 
for  consideration. 

288.  If  the  report  of  the  committee  is  of  a 
paper  with  amendments,  the  chairman  reads 
the  amendments  with  the  coherence  in  the 
paper,  whatever  it  may  be,  and  opens  the 
alterations,  and  the  reasons  of  the  committee 
for  the  amendments,  until  he  has  gone  through 
the  whole ;  and,  when  the  report  is  read  at 
the  clerk's  table,  the  amendments  only  are 
read  without  the  coherence. 

289.  In  practice,  however,  the  formality  of 
a  motion  and  vote  on  the  reception  of  a  report 
is  usually  dispensed  with ;  though,  if  any 
objection  is  made,  or  if  the  presiding  officer 
sees  any  informality  in  the  report,  he  should 
decline  receiving  it  without  a  motion  and 
vote ;  and  a  report,  if  of  any  considerable 
length,  is  seldom  read,  either  by  the  chairman 
in  his  place,  or  by  the  clerk  at  the  table,  until 


REPORT    OF    COMMITTEE  149 

it  is  taken  up  for  consideration.  In  legislative 
assemblies,  the  printing  of  reports  generally 
renders  the  reading  of  them  unnecessary. 

290.  The  report  of  a  committee  being  made 
and  received,  the  committee  is  dissolved,  and 
can  act  no  more  without  a  new  power;  but 
their  authority  may  be  revived  by  a  vote,  and 
the  same  matter  recommitted  to  them.  If  a 
report,  when  offered  to  the  assembly,  is  not 
received,  the  committee  is  not  thereby  dis- 
charged, but  may  be  ordered  to  sit  again,  and 
a  time  and  place  appointed  accordingly. 

291.  When  a  subject  or  paper  has  been 
once  committed,  and  a  report  made  upon  it, 
it  may  be  recommitted  either  to  the  same  or 
a  different  committee ;  and  if  a  report  is  re- 
committed, before  it  has  been  agreed  to  by 
the  assembly,  what  has  heretofore  passed  in 
the  committee  is  of  no  validity;  the  whole 
question  being  again  before  the  committee, 
as  if  nothing  had  passed  there  in  relation  to  it. 

292.  The  report  of  a  committee  may  be 
made  in  three  different  forms,  namely :  first, 
it  may  contain  merely  a  statement  of  facts, 
reasoning,  or  opinion,  in  relation  to  the  subject 
of  it,  without  any  specific  conclusion ;  or, 
second,   a    statement  of    facts,    reasoning,   or 


1 00  PaRI.iaMEWTaKY     PHaOTaoJs.. 

opinion,  concluding  with  a  resolution,  or  series 
of  resolutions,  or  some  other  specific  proposi- 
tion ;  or,  third,  it  may  consist  merely  of  such 
resolutions,  or  propositions,  without  any  intro- 
ductory part. 

293.  The  first  question,  on  a  report,  is,  in 
strictness,  on  receiving  it ;  though,  in  practice, 
this  question  is  seldom  or  never  made;  the 
consent  of  the  assembly,  especially  in  respect 
to  the  report  of  a  committee  of  the  whole, 
being  generally  presumed,  unless  objection  is 
made.  When  a  report  is  received,  whether 
by  general  consent,  or  upon  a  question  and 
vote,  the  committee  is  discharged,  and  the 
report  becomes  the  basis  of  the  future  pro- 
ceedings of  the  assembly,  on  the  subject  to 
which  it  relates. 

294.  At  the  time  assigned  for  the  considera- 
tion of  a  report,  it  may  be  treated  and  disposed 
of  precisely  like  any  other  proposition  (59  to 
77) ;  and  may  be  amended,  in  the  same 
manner  (78  to  133),  both  in  the  preliminary 
statement,  reasoning,  or  opinion,  if  it  contain 
any,  and  in  tbe  resolutions,  or  other  proposi- 
tions with  which  it  concludes  ;  so  if  it  consist 
merely  of  a  statement,  &c,  without  resolutions, 
or  of  resolutions,  &c,  without  any  introductory 
part. 


RETORT    OF    COMMITTEE.  151 

295.  The  final  question  on  a  report,  what- 
ever form  it  may  have,  is  usually  stated  on  its 
acceptance ;  and,  when  accepted,  the  whole 
report  is  adopted  by  the  assembly,  and 
becomes  the  statement,  reasoning,  opinion, 
resolution,  or  other  act,  as  the  case  may  be, 
of  the  assembly ;  the  doings  of  a  committee, 
when  agreed  to,  adopted,  or  accepted,  becom- 
ing the  acts  of  the  assembly,  in  the  same 
manner  as  if  done  originally  by  the  assembly 
itself,  without  the  intervention  of  a  committee. 

296.  It  would  be  better,  however,  and  in 
stricter  accordance  with  parliamentary  rules,  to 
state  the  final  question  on  a  report,  according 
to  the  form  of  it.  If  the  report  contain  merely 
a  statement  of  facts,  reasoning,  or  opinion,  the 
question  should  be  on  acceptance ;  if  it  also 
conclude  with  resolutions,  or  other  specific 
propositions,  of  any  kind,  —  the  introductory 
part  being  consequently  merged  in  the  con- 
clusion,—  the  question  should  be  on  agreeing 
to  the  resolutions,  or  on  adopting  the  order,  or 
other  proposition,  or  on  passing  or  coming  to 
the  vote,  recommended  by  the  committee ;  and 
the  same  should  be  the  form  of  the  question, 
when  the  report  consists  merely  of  resolutions, 
&c,  without  any  introductory  part. 


52  PARLIAMENTARY   PRACTICE. 


Sect.  V.     Committee  of  the  Whole. 

297.  When  a  subject  has  been  ordered  to  be 
referred  to  a  committee  of  the  whole,  the  form 
of  going  from  the  assembly  into  committee, 
is,  for  the  presiding  officer,  at  the  time  ap- 
pointed for  the  committee  to  sit,  on  motion 
made  and  seconded  for  the  purpose,  to  put 
the  question  that  the  assembly  do  now  resolve 
itself  into  a  committee  of  the  whole,  to  take 
under  consideration  such  a  matter,  naming  it. 
If  this  question  is  determined  in  the  affirma- 
tive, the  result  is  declared  by  the  presiding 
officer,  who,  naming  some  member  to  act  as 
chairman  of  #ie  committee,  then  leaves  the 
chair,  and  takes  a  seat  elsewhere,  like  any 
other  member;  and  the  person  appointed 
chairman  seats  himself  (not  in  the  chair  of 
the  assembly  but)  at  the  clerk's  table. 

298.  The  chairman  named  by  the  presiding 
officer  is  generally  acquiesced  in  by  the  com- 
mittee; though,  like  all  other  committees,  a 
committee  of  the  whole  have  a  right  to  elect 
a  chairman  for  themselves,  some  member,  by 
general  consent,  putting  the  question.    [^340.] 


COMMITTEE    OF    THE    V-  tlOLE.  153 

299  The  same  number  cf  members  is 
necessary  to  constitute  a  quo/um  of  a  com- 
mittee of  the  whole,  as  of  the  assembly;  and 
if  the  members  present  fall  below  a  quorum, 
at  any  time,  in  the  course  of  the  proceedings, 
the  chairman,  on  a  motion  and  question,  rises, 
—  the  presiding  officer  thereupon  resumes  the 
chair,  —  and  the  chairman  informs  the  assem- 
bly (he  can  make  no  other  report)  of  the 
cause  of  the  dissolution  of  the  committee. 

300.  "When  the  assembly  is  in  committee 
of  the  whole,  it  is  the  duty  of  the  presiding 
officer  to  remain  in  the  assembly-room,  in, 
order  to  be  at  hand  to  resume  the  chair,  in 
case  the  committee  should  be  broken  up  by 
some  disorder,  or  for  want  of  a  quorum,  01 
should  rise,  either  to  report  progress,  or  tc 
make  their  final  report  upon  the  matter  com 
mitted  to  them 

301.  The  clerk  of  the  assembly  does  no 
act  as  clerk  of  the  committee  (this  is  the  duty 
of  the  assistant  clerk  in  legislative  bodies),  ot 
record  in  his  journal  any  of  the  proceedings 
or  votes  of  the  committee,  but  only  theii 
report  as  made  to  the  assembly. 

302  The  proceedings  in  a  committee  of 
the  whole,  though,  in  general,  similar  to  tW*. 


154  PA.ItLIAMENT;*lY    PRACTICE. 

in  the  assembly  itself,  and  in  other  commit 
tees,  are  yet  different  in  some  respects,  the 
principal  of  which  are  the  following :  — 

303.  First  The  previous  question  cannot 
be  moved  in  a  committee  of  the  whole.  The 
only  means  of  avoiding  an  improper  discussion 
is,  to  move  that  the  committee  rise ;  and,  if  it  is 
apprehended,  that  the  same  discussion  will  be 
attempted  on  returning  again  into  committee, 
the  assembly  can  discharge  the  committee, 
and  proceed  itself  with  the  business,  keeping 
down  any  improper  discussion  by  means  of 
the  previous  question1. 

304.  Second.  A  committee  of  the  whole 
cannot  adjourn,  like  other  committees,  to 
some  other  time  or  place,  for  the  purpose 
of  going  on  with  and  completing  the  con- 
sideration of  the  subject  referred  to  them;  but, 
if  their  business  is  unfinished,  at  the  usual 
time  for  the  assembly  to  adjourn,  or,  for  any 
other  reason,  they  wish  to  proceed  no  further 
at  a  particular  time,  the  form  of  proceeding  is, 
for  some  member  to  move  that  the  committee 
rise,  —  report  progress,  —  and  ask  leave  to  sit 

J  If  the  object  be  to  stop  debate,  that  can  only  be  effected,  in  the 
game  manner,  unless  there  is  a  special  rule,  as  to  the  time  of  speak 
Laij,  or  to  taking  a  subject  out  of  committee. 


COMMITTEE    OF    THE    WHOLE.  155 

again;  and,  if  this  motion  prevails,  the  chair- 
man rises,  —  the  presiding  officer  resumes  the 
chair  of  the  assembly,  —  and  the  chairman  of 
the  committee  informs  him  that  the  committee 
of  the  whole  have,  according  to  order,  had 
under  their  consideration  such  a  matter,  and 
have  made  some  progress  therein * ;  but,  not 
having  had  time  to  go  through  with  the  same, 
have  directed  him  to  ask  leave  for  the  com- 
mittee to  sit  again.  The  presiding  officer 
thereupon  puts  a  question  on  giving  the  com- 
mittee leave  to  sit  again,  and  also  on  the  time 
when  the  assembly  will  again  resolve  itself 
into  a  committee.  If  leave  to  sit  again  is  not 
granted,  the  committee  is  of  course  dissolved. 

305.  Third.  In  a  committee  of  the  whole, 
ever}7-  member  may  speak  as  often  as  he 
pleases,  provided  he  can  obtain  the  floor; 
whereas,  in  the  assembly  itself,  no  member 
can  speak  more  than  once. 

306.  Fourth.  A  committee  of  the  whole 
cannot  refer  any  matter  to  another  committee ; 
but  other  committees  may  and  do  frequentlv 
exercise    their   functions,   and    expedite   their 

i  ]f  it  is  a  second  time,  the  expression  is,  "  some  further  pro- 
gress," kc. 


lOb  PARLIAMENTARY    PRACTICE 

business,  by  means  of  sub-committees  of  their 
own  members. 

307.  Fifth.  In  a  committee  of  the  whole, 
the  presiding  officer  of  the  assembly  has  a 
right  to  take  a  part  in  the  debate  and  pro- 
ceedings, in  the  same  manner  as  any  other 
member. 

308.  Sixth.  A  committee  of  the  whole,  like 
a  select  committee,  has  no  authority  to  punish 
a  breach  of  order,  whether  of  a  member,  or 
stranger;  but  can  only  rise  and  report  the 
matter  to  the  assembly,  who  may  proceed  to 
punish  the  offender.  Disorderly  words  must 
be  written  down  in  committee,  in  the  same 
manner  as  in  the  assembly,  and  reported  to 
the  assembly  for  their  animadversion. 

309.  The  foregoing  are  the  principal  points 
of  difference  between  proceedings  in  the  as- 
sembly and  in  committees  of  the  whole  ;  in 
most  other  respects  they  are  precisely  similar. 
It  is  sometimes  said,  that  in  a  committee  of 
the  whole,  it  is  not  necessary  that  a  motion 
should  be  seconded.  There  is  no  foundation, 
however,  either  in  reason  or  parliamentary 
usage,  for  this  opinion. 

310  When  a  committee  of  the  whole  have 
gone  through  with  the  matter  referred  to  them, 


COMMITTEE    OF    THE     WHOLE.  157 

a  member  moves  that  the  committee  rise,  and 
that  the  chairman  (or  some  other  member) 
report  their  proceedings  to  the  assembly ; 
which  being  resolved,  the  chairman  rises  and 
goes  to  his  place,  —  the  presiding  officer  re- 
sumes the  chair  of  the  assembly,  —  and  the 
chairman  informs  him,  that  the  committee 
have  gone  through  with  the  business  referred 
to  them,  and  that  he  is  ready  to  make  their 
report,  when  the  assembly  shall  think  proper 
to  receive  it.  The  time  for  receiving  the 
report  is  then  agreed  upon;  and,  at  the  time 
appointed,  it  is  made  and  received  in  the  same 
manner  as  that  of  any  other  committee  (286). 
311.  It  sometimes  happens,  that  the  formali- 
ty of  a  motion  and  question  as  to  the  time  of 
receiving  a  report  is  dispensed  with.  If  the 
assembly  are  ready  to  receive  it,  at  the  time, 
they  cry  out,  "now,  now,"  whereupon  the 
chairman  proceeds;  if  not  then  ready,  some 
other  time  is  mentioned,  as  "  to-monow,"  or 
"  Monday,"  and  that  time  is  fixed  by  general 
consent.  But,  when  it  is  not  the  general  sense 
of  the  assembly  to  receive  the  report  at  the 
time,  it  is  better  to  agree  upon  and  fix  the  time 
6y  a  motion  and  question 


158  PARLIAMENTARY    PRACTICE. 


CONCLUDING    REMARKS, 


312.  In  bringing  this  treatise  to  a  close,  it 
will  not  be  deemed  out  of  place,  to  make  a 
suggestion  or  two  for  the  benefit  of  those 
persons,  who  may  be  called  upon  to  act  as 
presiding  officers,  for  the  first  time. 

313.  One  of  the  most  essential  parts  of  the 
duty  of  a  presiding  officer  is,  to  give  the 
closest  attention  to  the  proceedings  of  the 
assembly,  and,  especially,  to  what  is  said  by 
every  member  who  speaks.  Without  the 
first,  confusion  will  be  almost  certain  to  occur ; 
wasting  the  time,  perhaps  disturbing  the  har- 
mony, of  the  assembly.  The  latter  is  not 
merely  a  decent  manifestation  of  respect  for 
those  who  have  elevated  him  to  an  honorable 
station ;  but  it  tends  greatly  to  encourage  timid 
or  diffident  members,  and  to  secure  them  a 


CONCLUDING    REMARKS.  159 

patient  and  attentive  hearing;  and  it  often 
enables  the  presiding  officer,  by  a  timely 
interference,  to  check  offensive  language,  in 
season  to  prevent  scenes  of  tumult  and  dis- 
order, such  as  have  sometimes  disgraced  our 
legislative  halls. 

314  It  should  be  constantly  kept  in  mind 
by  a  presiding  officer,  that,  in  a  deliberative 
assembly,  there  can  regularly  be  but  one 
thing  done  or  doing,  at  the  samti  time.  This 
caution  he  will  find  particularly  useful  to  him, 
whenever  a  quarrel  arises  between  two 
members,  in  consequence  of  words  spoken 
in  debate.  In  such  a  case,  he  wil1  do  well 
to  require  that  the  regular  course  of  proceed- 
ing shall  be  strictly  pursued;  and  will  take 
care  to  restrain  members  from  interfering  in 
any  other  manner.  In  general,  the  solemnity 
and  deliberation,  with  which  this  mode  is 
attended,  will  do  much  to  allay  heat  and 
excitement,  and  to  restore  harmony  and  order 
to  the  assembly. 

.315.  A  presiding  officer  will  often  find  him- 
self embarrassed,   by  the  difficulty,   as   well 
as  the  delicacy,  of  deciding  points  of  order, 
or   giving    directions    as   to    the   mamw    of 
11 


100        PARLIAMENTARY  PRACTICE. 

proceeding.     In  such  cases,  it  will  be  useful 
for   him  to  recollect,  that  — 

The  great  purpose  of  all  rules  and 
forms,  is  to  subserve  the  will  of  the 
assembly  rather  than  to  restrain  it  j 
to  facilitate,  and  not  to  obstruct,  the 
expression    of   their    deliberate    sense. 


ADDITIONS  AND  CORRECTIONS. 


§  21.     General  Consent. 

[The  sign  §,  at  the  head  of  a  note,  refers  to  the  paragraph 
in  the  body  of  the  work  to  which  the  note  belongs.] 

316.  The  terms,  "  general  consent,"  as  used  in 
parliamentary  practice,  denote  the  unanimous 
opinion  of  the  assembly,  when  their  opinion  is 
expressed  informally,  and  not  by  means  of  a  vote. 
Whenever,  therefore,  it  is  said,  that  the  general 
consent  of  the  assembly  is  necessary  to  the  adop- 
tion of  any  measure,  it  is  to  be  understood,  that 
if  the  question  is  proposed  informally,  no  objec- 
tion must  be  made  to  it,  or  that  if  proposed  in  a 
formal  manner,  the  vote  in  its  favor  must  be 
unanimous. 

§  51.     Reading  Petition. 

317.  When  a  petition  has  been  received,  the 
next  step  in  'he  proceedings  is  the  reading  of  it 
by  the  clerk,  for  the  information  of  the  assembly; 
which,  though  in  the  usual  course  of  business, 
and  not  likely  to  be  objected  to,  after  the  petition 
has  been  received,  is  nevertheless  the  subject  of  a 
motion  and  question,  to  be  regularly  submitted  to 


1  62  PARLIAMENTARY  PRACTICE. 

the  assembly  and  voted  upon  ;  and,  until  a  peti- 
tion has  been  read,  no  order  can  properly  be 
made  respecting  it,  not  even  for  its  lying  on  the 
table. 

§  55.     Secondary  Motion. 

318.  An  exception  to  the  general  rule,  requir- 
ing motions  to  be  seconded,  occurs,  when  it  is 
proposed  to  proceed  with,  or  to  execute,  or  to 
enforce,  an  order  of  the  assembly  ;  as,  for  ex- 
ample, when  it  is  moved  to  proceed  with  an  order 
of  the  day,  or  when  a  member  suggests  or  calls 
for  the  enforcement  of  some  order  relating  to  the 
observance  of  decorum,  or  the  regularity  of  pro- 
ceeding. Thus,  in  the  English  house  of  com- 
mons, a  single  member  may  require  the  enforce- 
ment of  the  standing  order  for  the  exclusion  of 
strangers ;  and,  so,  when  the  second  or  other 
reading  of  a  bill  is  made  the  order  for  a  particu- 
lar day,  a  motion,  on  that  day,  to  read  the  bill 
according  to  the  order,  need  not  be  seconded. 

§  56.     Before  Statement  of  Motion  from 
the  Chair. 

319.  The  principle  stated  in  this  paragraph, 
must  not  be  understood  to  preclude  all  proceed- 
ing with,  or  allusion  to,  a  motion,  until  it  has 
been  stated  from  the  chair.  On  the  contrary, 
after  a  motion  has  been  made,  or  made  and 
seconded,  but  not  yet  proposed  as  a  question,  it  is 
competent  for  the  mover  to  withdraw  or  modify 
it,  either  of  himself,  or  on  the  suggestion  of  some 


ADDITIONS,    ETC.  163 

other  member,  or  of  the  presiding  officer,  and 
without  any  motion  or  vote  for  the  purpose.  The 
rule  only  requires,  that,  until  a  motion  is  regu- 
larly seconded  and  stated,  it  should  not  be  spoken 
to  as  a  question  for  the  decision  of  the  assembly, 
or  be  made  the  subject  of  any  motion  or  proceed- 
ing as  such.  While,  therefore,  the  presiding 
officer  should  permit  members  to  make  remarks 
or  suggestions,  for  the  purposes  alluded  to,  with 
reference  to  motions  not  yet  stated,  he  should  be 
careful  to  check  and  prevent  all  observations 
which  may  tend  to  excite  debate ;  it  being  a 
general  rule,  that  no  debate  can  be  allowed  to 
take  place  on  any  subject,  unless  there  is  a  ques- 
tion pending  at  the  time. 

§  71.     Lie  on  the  Table. 

320.  When  any  motion  or  proposition,  report, 
resolution,  or  other  matter,  has  been  ordered  to 
lie  on  the  table,  it  is  not  in  strictness  allowable  to 
make  any  further  order,  with  reference  to  the 
same  subject,  on  the  same  day.  The  order  may, 
however,  be  limited  to  a  specific  time  ;  as,  for 
example,  until  some  other  topic  or  subject  is  dis- 
posed of. 

The  proper  motion,  for  proceeding  with  a  matter 
which  has  been  ordered  to  lie  on  the  table,  is, 
that  the  assembly  do  now  proceed  to  consider 
that  matter  or  subject.  The  motion  sometimes 
made,  is,  that  the  subject  be  taken  up,  or  taken 
up  for  consideration. 


164  PARLIAMENTARY  PRACTICE. 


§  75.     Authority  of  Committee. 

321.  The  authority  of  a  committee,  in  reference 
to  the  subject  matter  referred  to  its  consideration, 
as  well  as  to  the  time  and  manner  of  its  proceed- 
ing,  depends  wholly  upon,  and  is  derived  from,  the 
order  by  which  the  committee  is  instituted.  It 
can  only  consider  the  matter  referred  to  it ;  and, 
consequently,  is  not  at  liberty,  like  the  assembly 
itself,  to  change  the  subject  under  consideration 
by  means  of  an  amendment.  This  rule  is  equally 
applicable  to  committees  of  the  whole. 


§  92,  93.     Modification  or  Amendment  of  a 
Motion  by  the  Mover. 

322.  Before  a  motion  has  been  stated,  the 
mover,  as  already  remarked  (note  to  §  56),  may 
modify  or  withdraw  it  at  his  pleasure  ;  after  it 
has  been  stated,  he  can  only  withdraw  or  modify 
it  by  general  consent ;  he  may,  however,  like  any 
other  member,  move  to  amend.  The  acceptance 
by  the  mover,  of  an  amendment  moved  or  sug- 
gested by  some  other  member,  stands  upon  the 
same  ground. 


§  112, 122.     Amendments  by  Striking  Out. 

323.  When  the  parliamentary  form  of  putting 
the  question,  on  a  motion  to  strike  or  leave  out 
words,  is  adopted,  the  question  is  first  stated,  that 
the  words  proposed  to  be  struck  out  stand  as  part 


ADDITIONS,    ETC.  16^ 

of  the  motion.  If  this  question  passes  in  the 
negative,  a  question  is  then  to  be  stated  on  in- 
serting the  words  proposed,  which  may  be  amended 
like  any  other  motion  to  insert  or  add  words.  If 
the  question  on  the  standing  of  the  words  passes 
in  the  affirmative,  the  residue  of  the  motion  to 
strike  out  and  insert  falls  without  a  question. 
According  to  the  parliamentary  form,  therefore,  a 
motion  to  strike  out  and  insert  is  necessarily 
divided.  The  remark  of  Mr.  Jefferson,  quoted 
in  the  note  to  §  122,  that  "  the  question,  if  de- 
sired, is  then  to  be  divided,"  &c,  may  be  ex- 
plained by  supposing,  that  when  a  motion  was 
made  to  strike  out  and  insert,  which  was  not  ob- 
jected to,  the  question  was  proposed  in  the  terms 
of  the  motion  ;  but,  that,  if  objected  to,  it  was 
then  to  be  put,  of  course,  in  the  parliamentary 
torm.  In  the  house  of  delegates  of  Virginia, 
of  which  Mr.  Jefferson  had  been  a  member,  the 
parliamentary  form  of  stating  the  question  was 
in  use. 


§  128  to  133.     Amendment  changing  the 
Nature  of  a  Question. 

324.  In  some  legislative  assemblies,  the  house 
of  representatives  of  Massachusetts,  for  example, 
it  is  provided  by  a  special  rule,  that  no  motion  or 
proposition,  relative  to  a  different  subject  from 
the  one  under  consideration,  shall  be  admitted 
under  color  of  an  amendment.  When  a  rule  of 
this  nature  is  in  force,  the  assembly,  by  pro- 
ceeding to  consider  a  given  subject,  places  itself 


166  PARLIAMENTARY  PRACTICE. 

in  the  situation  of  a  committee,  to  whom   that 
Bubject  is  referred. 

§  137.     Motion  to  Adjourn. 

325.  The  reason,  why  a  motion  to  adjourn, 
moved  for  the  purpose  of  superseding  or  sup- 
pressing a  pending  question,  is  not  susceptible  of 
amendment,  is,  that  if  amended,  it  would  at  once 
become  inadmissible,  in  point  of  order,  on  the 
ground  of  its  being  introductory  to  a  second  ques- 
tion, having  no  privilege  to  take  the  place  of  a 
question  already  pending  and  entitled  to  be  first 
disposed  of. 

§  143.     Order  of  the  Day 
See  note  to  §  55. 

§  154.     Questions  of  Order. 

326.  In  the  British  parliament,  the  presiding 
officers  do  not  appear  to  consider  it  their  duty  to 
decide  points  of  order,  unless  appealed  to  by  the 
house  for  that  purpose  ;  which,  in  the  commons, 
is  usually  effected  by  a  general  cry  of  chair  from 
the  members  ;  and,  it  is  extremely  rare,  that  an 
opinion,  given  in  answer  to  such  a  call,  is  not 
submitted  to  by  the  house.  If  not  satisfactory, 
the  point  of  order  may  be  separated  from  the 
main  question,  by  a  motion  and  question  for  the 
purpose,  on  which  the  presiding  officer's  decision 
may  be  overruled ;  or,  without  any  distinct  ques- 
tion being  made,  the  house  may  proceed  to  pas? 


ADDITIONS,    ETC.  167 

upon  the  point  of  order,  as  involved  in  the  main 
question,  and,  in  deciding  the  latter,  may  go  con- 
trary to  the  opinion  of  the  presiding  officer,  upon 
the  matter  of  order.  In  the  legislative  assemblies 
of  this  country,  it  is  generally,  if  not  universally, 
provided  by  a  special  rule,  that  every  question 
of  order  shall,  in  the  first  instance,  be  decided  by 
the  presiding  officer,  subject  to  an  appeal  to  the 
assembly  itself.  Such,  also,  appears  to  be  the 
usage  of  deliberative  assemblies,  not  legislative 
in  their  character.  And,  it  is  on  these  grounds 
of  rule  and  usage,  that  the  doctrine  laid  down  in 
this  paragraph  is  founded. 

The  statement,  that  questions  of  order  are  to 
be  decided,  in  the  first  instance,  by  the  presiding 
officer,  without  any  previous  debate  or  discussion 
by  the  assembly,  must  not  be  understood  to  mean, 
that  the  presiding  officer  is  precluded  from  allow- 
ing members  to  express  their  opinions  upon  the 
point  of  order,  before  himself  deciding  it :  but, 
merely,  that  the  matter  is  not  then  to  be  debated 
and  discussed,  as  a  question  to  be  decided  by  the 
assembly.  The  presiding  officer,  before  express- 
ing his  own  opinion,  may,  if  he  pleases,  take  the 
opinions  of  other  members.  It  is  manifest,  how- 
ever, that  when  he  is  ready  to  give  his  own 
opinion,  he  may  proceed  at  once,  and  cannot  be 
precluded  from  doing  so  by  any  other  member 
claiming  a  right  to  be  first  heard. 

§  161.     Withdrawal  of  a  Motion. 

327.  A  motion,  when  made,  seconded,  and 
stated,  cannot  be  withdrawn  without  the  general 


168  PARLIAMENTARY    PRACTICE. 

consent,  or,  if  put  formally  to  the  question,  the 
unanimous  vote  of  the  assembly. 


§  198.     See  note  to  §  36. 

§  200.  Interruption  of  a  Member  Speaking, 
by  a  Call  to  Order. 

328.  The  rule  stated  in  this  paragraph,  that  a 
member  speaking  cannot  rightfully  be  interrupt- 
ed in  his  speech,  but  by  a  call  to  order,  does  not 
make  it  the  duty  of  the  presiding  officer  to  refuse 
to  hear  a  member,  who  rises  and  addresses  the 
chair  whilst  another  is  speaking ;  for,  if  this  were 
the  case,  the  presiding  officer  could  very  rarely 
know  whether  there  might  not  be  occasion  for 
the  interruption;  and  would  thus  be  in  danger  of 
keeping  the  assembly  in  ignorance  of  matters, 
which  it  might  be  of  the  highest  concern  for  them 
to  know.  When,  therefore,  a  member  rises  whilst 
another  is  speaking,  and  addresses  the  chair,  he 
should  inform  the  presiding  officer  that  he  rises 
to  a  point  of  order,  or  to  the  orders  of  the  assem- 
bly, or  to  a  matter  of  privilege.  It  will  then  be 
the  duty  of  the  presiding  officer  to  direct  the 
member  speaking  to  suspend  his  remarks,  or 
to  resume  his  seat,  and  the  member  rising  to 
proceed  with  the  statement  of  his  point  or  other 
matter  of  order,  or  of  privilege.  If  the  latter,  on 
proceeding,  discloses  matter  which  shows  that  the 
interruption  was  proper,  the  subject  so  introduced 
must  first  be  disposed  of;  and  then  the  member 
who  was  interrupted,  is  to  be  directed  to  proceed 


ADDITIONS,    ETC.  169 

with  his  speech.  If  it  appears  that  there  was  no 
sufficient  ground  for  the  interruption,  the  member 
rising  is  to  be  directed  to  resume  his  seat,  and  the 
member  interrupted  to  proceed  with  his  speech. 
Every  member,  therefore,  possessing  the  right  to 
interrupt  another  in  his  speech,  on  a  proper  occa- 
sion, any  wanton  abuse  of  this  right,  for  the 
purpose  of  personal  annoyance,  is  liable  to  censure 
and  punishment ;  it  being  itself  a  breach  of  order 
unnecessarily  and  wantonly  to  call  or  interrupt 
another  member  to  order. 

In  reference  to  the  occasions,  on  which  the  in- 
terruption of  a  member  speaking  is  allowed,  it  is 
to  be  observed,  that  they  are  not  restricted,  as 
the  language  of  §  200  might  seem  to  imply,  to 
breaches  of  order  in  debate,  on  the  part  of  the 
member  speaking.  Any  matter  of  privilege, 
affecting  the  assembly  itself,  or  any  of  its  mem- 
bers, of  which  the  assembly  ought  to  have  instant 
information,  furnishes  such  an  occasion;  as,  for 
example,  where  access  to  the  place  of  sitting  of 
the  assembly  is  obstructed,  or  the  person  of  a 
member  is  attacked ;  or  where  something  connect- 
ed with  the  proceeding  of  the  assembly  requires 
instant  attention,  as  where  it  becomes  necessary 
to  have  lights ;  or  where  something  occurs  relative 
to  the  member  himself  who  is  speaking,  as  where 
he  is  annoyed  and  disturbed  by  noise  and  disorder, 
or  where,  in  consequence  of  his  strength  failing 
him,  it  becomes  necessary  that  he  should  finish 
his  speech  sitting. 


170  parliamentary  practice. 

§  207.      Precedence   in    Speaking   of  the 
Presiding  Officer. 

329.  The  rule  stated  in  this  paragraph  does 
not,  of  course,  preclude  the  presiding  officer  from 
interrupting  a  member  whilst  speaking,  whenever 
a  proper  occasion  occurs  for  such  an  interruption ; 
as,  for  example,  when  the  member  himself  is 
guilty  of  a  breach  of  order. 

§  209.     Questions  not  Debatable. 

330.  In  the  legislative  assemblies  of  this  coun- 
try, it  is  usual  to  provide  by  a  special  rule,  that 
certain  questions  shall  be  decided  without  debate. 
Among  these,  the  most  common  is  the  motion  to 
adjourn.  In  the  absence,  however,  of  a  special 
rule,  restricting  the  right  of  debate  in  reference 
to  some  particular  subject,  every  question,  with 
the  exception  perhaps  of  those  which  require 
unanimity,  that  may  be  moved,  may  be  debated. 
In  both  houses  of  parliament,  important  debates 
have  frequently  taken  place  on  motions,  as,  for 
example,  to  adjourn,  which,  in  the  legislative  as- 
semblies of  this  country,  would  not  generally  be 
considered  debatable. 

§  213.    Several  Questions  involved  in  the 
Same   Debate. 

331.  It  sometimes  happens,  that  a  question 
under  debate  becomes  enlarged  rather  than  nar- 
rowed, by  the  introduction  of  a  subsidiary  motion; 
as,  for  example,  when  an  amendment  is  moved, 
wlwch  involves  in  itself  the  merits  of  the  original 


ADDITIONS,    ETC.  171 

proposition,  in  which  case,  the  debate  may  em- 
brace both. 

§  216.      Speaking   but  Once   to   the    Same 
Question. 

332.  The  rule,  stated  in  this  and  the  preceding 
paragraphs,  refers  solely  to  the  question  techni- 
cally considered,  and  is  wholly  irrespective  of  the 
subject  matter.  No  member  can  speak  more 
than  once  to  the  same  question ;  but  he  may 
speak  to  the  same  subject,  as  often  as  it  is  pre- 
sented in  the  form  of  a  different  question. 

§  218. 

333.  The  expression  in  this  paragraph,  "  to 
clear  a  matter  of  fact,"  denotes  merely  a  statement, 
by  a  member  who  has  already  spoken,  of  facts 
which  he  considers  it  important  for  the  assembly 
to  be  possessed  of,  before  coming  to  a  vote  upon 
the  question  pending. 

§  227.     Disorderly   Words. 

334.  The  offence  of  disorderly  words  may  be 
committed,  not  only  by  language  used  in  the 
course  of  debate,  but  also  by  words  used  in  mak- 
ing a  motion,  or  report. 

§  235.     Statement  of  Motion. 

335.  Strictly  speaking,  no  question  can  arise 
in  a  deliberative  assembly,  without  a  motion  be- 
ing first  made  and  seconded ;  though,  sometimes, 
for  the  dispatch  of  business,  the  presiding  officer 


172  PARLIAMENTARY    PRACTICE. 

takes  it  for  granted  that  a  proper  and  usual 
motion  is  made  (when  in  fact  it  is  not),  and  pro- 
poses a  question  accordingly. 

§  243.    Right  and  Duty  of  Presiding  Offi- 
cer as  to  Voting. 

336.  The  principle  asserted  in  this  paragraph, 
was  laid  down  on  the  authority  of  the  French 
translation  of  a  little  work  of  the  late  Sir  Samuel 
Romilly  (never  published  in  English),  on  parlia- 
mentary practice,  in  which  it  is  stated,  that  the 
speaker  of  the  house  of  commons  has  his  election 
to  vote  or  not,  when  the  house  is  equally  divided. 
It  appears  quite  certain,  however,  from  an  ex- 
amination of  the  published  debates  and  proceed- 
ings of  the  house  of  commons,  that  the  speaker 
has  no  such  election  ;  and,  consequently,  either 
that  the  author  was  himself  mistaken,  or,  which 
is  more  probable,  that  the  translator  mistook 
his  author.  Taking  the  practice  of  the  house  of 
commons  as  the  best  evidence  of  the  general  par- 
liamentary law,  —  and  this  seems  to  be  indisput- 
able, —  the  rule  laid  down  in  §  243  should  be 
modified  accordingly,  and  thus  stated,  namely : 

"  If  the  members  are  equally  divided,  it  then 
becomes  the  duty  of  the  presiding  officer  to  give 
the  casting  vote  ;  in  doing  which,  he  may,  if  he 
pleases,  give  his  reasons." 

§  250  to  257.     Reconsideration. 

337.  Proceedings,  analagous  in  principle  to  the 
motion  for  reconsideration,  appear  occasionally, 


ADDITIONS,    ETC.  173 

though  very  rarely,  to  have  been  admitted  in  the 
British  parliament ;  but,  it  is  believed,  the  motion 
to  reconsider,  as  in  use  in  this  country,  is  of 
American  origin.  The  motion  is,  in  form,  that 
6uch  a  vote  be  reconsidered ;  in  substance,  that 
the  subject  of  that  vote  be  again  considered,  upon 
the  original  motion,  as  if  that  motion  had  never 
been  considered  and  passed  upon.  On  the  motion 
to  reconsider,  the  whole  subject  is  as  much  open 
for  debate  as  if  it  had  not  been  discussed  at  all ; 
and,  if  the  motion  prevail,  the  subject  is  again 
open  for  debate  on  the  original  motion,  in  the 
same  manner  as  if  that  motion  had  never  been 
put  to  the  question. 

§  276.  Quorum:  of  Committee, 

338.  The  statement,  contained  in  this  para- 
graph, that  a  majority  of  the  members  of  a  com- 
mittee is  sufficient  to  constitute  a  quorum  for 
proceeding  with  business,  unless  the  number 
should  be  otherwise  fixed  by  the  assembly  itself, 
was  made  upon  the  supposition,  that,  in  this 
country,  the  rule  had  been  so  settled  by  usage. 
It  should  also  have  been  stated,  at  the  same  time, 
as  the  parliamentary  rule,  that  the  presence  of 
every  member  is  essential,  and  that  of  a  majority 
is  not  sufficient,  to  constitute  a  committee.  In  all 
places,  therefore,  where  there  is  any  doubt  as  to 
the  existence  of  the  usage,  it  will  be  proper  that 
the  number  of  the  quorum  should  be  fixed  by  the 
assembly  itself,  either  by  a  general  rule,  or  by 
the  order  for  the  appointment  of  the  committee. 


174  PARLIAMENTARY  PRACTICE. 


Sect.  286.     Report  of  Committee. 

339.  In  this  and  the  succeeding  paragraphs, 
relating  to  the  report  of  a  committee,  no  notice 
is  taken  of  what  is  commonly  known  in  this  coun- 
try as  a  minority  report ;  in  reference  to  which, 
it  being  now  a  proceeding  of  frequent  occurrence, 
though  not  strictly  parliamentary,  some  explana- 
tion seems  necessary  and  proper. 

The  report  of  a  committee  being  the  conclu- 
sion which  is  agreed  to  by  a  majority  of  the 
members,  the  dissenting  or  not-agreeing  mem- 
bers, according  to  strict  parliamentary  practice, 
would  have  no  other  mode  of  bringing  their  views 
before  the  assembly,  than  as  individual  members. 
Inasmuch,  however,  as  such  members  may  be 
supposed  to  have  given  the  subject  equal  con- 
sideration with  the  other  members  of  the  com- 
mittee, and  may,  therefore,  be  in  possession  of 
views  and  opinions  equally  worthy  of  the  atten- 
tion of  the  assembly,  the  practice  has  become 
general  in  the  legislative  assemblies  of  this  coun- 
try, to  allow  members  in  the  minority  to  present 
their  views  and  conclusions  in  the  parliamentary 
form  of  a  report,  which  is  accordingly  known  by 
the  somewhat  incongruous  appellation  of  a  mi- 
nority report.  Any  two  or  more  of  the  members 
may  unite  in  such  a  report,  or  each  one  of  them 
may  express  his  views  in  a  separate  document. 

A  minority  report  is  not  recognized  as  a  report 
of  the  committee,  or  acted  upon  as  such  ;  it  is 
received  by  courtesy,  and  allowed  to  accompany 
the  report,  as  representing  the  opinions  of  the 


ADDITIONS,    ETC.  175 

minority  ;  and,  in  order  to  its  being  adopted  by 
the  assembly,  it  must  be  moved  as  an  amendment 
to  the  report,  when  that  comes  to  be  considered. 

Sect.  297.     Chairman  of  Committee  of  the 
Whole. 

340.  The  naming  of  the  chairman  of  a  com- 
mittee of  the  whole,  by  the  presiding  officer, 
which  is  supposed  to  be  the  usual  practice  in  the 
legislative  assemblies  of  this  country,  ordinarily 
takes  place  in  virtue  of  a  special  rule.  Where 
this  is  the  case,  the  member  so  named  becomes 
the  chairman  of  the  committee.  But,  where  there 
is  no  such  rule,  some  member  is  called  upon  by 
one  or  more  of  the  members  of  the  committee  to 
take  the  chair ;  and,  if  no  objection  is  made,  or 
no  other  member  called  to  the  chair,  the  member 
so  designated  becomes  the  chairman.  If  objec- 
tion is  made,  or  any  other  member  is  called  to 
the  chair,  the  chairman  must  be  regularly  chosen. 
But,  in  order  to  do  this,  the  presiding  officer 
should  resume  the  chair,  and  the  choice  be  made 
by  the  assembly,  acting  as  such,  and  not  in  com- 
mittee. The  statement  in  §  298,  that,  where  a 
chairman  is  to  be  appointed  by  vote,  the  ques- 
tion is  to  be  put  by  some  member  in  the  com- 
mitttee,  though  laid  down  by  Mr.  Jefferson,  on 
the  authority  of  an  old  writer  on  parliamentary 
proceedings,  is  not  sanctioned  by  Hatsell,  or  borne 
out  by  the  modern  practice  in  the  British  parlia- 
ment, in  both  houses  of  which  the  practice  as 
above  stated  prevails. 
12 


INDEX. 


%*  The  figures  refer  to  the  numbers  of  the  paragraphs. 

Acceptance  by  the  maker  of  a  motion,  of  an  amendment 
92,  93. 

Addition  of  propositions,  how  effected,  88. 

Adjournment,  without  dav,  equivalent  to  a  dissolution. 
139. 
effect  of,  on  business  under  consideration,  140. 
motion  for,  takes  precedence  of  all  other  motions,  137. 
when  it  mav  be  amended,  137. 
form  of,  138.  200. 

Amendment,  purposes  of  motions  for,  60,  78. 
order  of  proceeding  in,  95,  191. 
acceptance  of  by  mover  of  proposition,  92,  '33. 
of  amendment  by  striking  out  and  inserting,  107,  108. 
of  an  amendment,  to  be  put  before  the  original  amend- 
ment, 110. 
of  an  amendment  to  an  amendment,  not  allowed,  96. 
object  of  such  motion,  how  attained,  96,  97. 
cannot  be  made  to  what  has  been  agreed  to  on  a  ques- 
tion, 98,  99,  100,  101. 
inconsistency  of,  with  one  already  adopted,  102. 
may  show  the  absurdity  of  the  original  object  of  the 
proposition,  132. 

or  may  change  the  object,  128,  129,  133. 
or  may  defeat  the  object,  130,  131. 


178  INDEX. 

Amendment,  by  addition,  88. 
by  separation,  89. 
by  transposition,  90. 
by  striking  out,  94,  103  to  112. 
by  inserting  or  adding,  94,  113  to  121 . 
by  striking  out  and  inserting,  94,  122  to  127. 
Motion  for,  by  striking  out  and  inserting,  103,  104.  111. 
122. 

may  be  divided,  122. 
may  be  amended,  126. 

manner  of  stating  question  on,  112,  121,  127. 
precedence  of  question  on,  123. 
to  strike  out,  decided  in  the  negative,  equivalent  to  the 
affirmative  of  agreeing,  98,  100,  252. 

if  passed,  mav  not  be  renewed,  103  to  106, 
113  to  116,  119,  124,  125. 
stands  in  the  same  degree  with  the  previous  question, 

and  indefinite  postponement,  184. 
superseded  by  a  motion  to  postpone  to  a  day  certain, 

or  to  commit,  185. 
may  be  amended,  96,  107,  117,  126,  184. 
effect  of  vote  on,  94  to  127,  187. 
to  be  put  before  the  original  motion,  110,  120. 

Apology,  42. 

Assembly,  Deliberative,  purposes  of,  how  effected,  1. 
how  organized,  2,  3. 
judgment  of,  how  expressed,  13. 

Assembling,  time  of,  to  be  fixed  beforehand,  23. 
place  of,  in  possession  of  assembly,  9. 

Authentication  of  acts,  &c,  of  a  deliberative  assembly 
27,  32. 

Blanks,  filling  of,  84. 

with  times  or  numbers,  rule  for,  85,  86,  87. 
See  Precedence. 

Chairman,  preliminary  election  of,  3 
See  Presiding  Officer. 

Clerk,  5 

See  Recording  Officer 


INDEX.  179 

Committees,  objects  and  advantages  of,  258  960,  261. 

who  to  compose,  258,  270. 

usually  those  favorable  to  the  proposed  measure,  271. 

mode  "of  appointment  of,  263,  267,  268,  269. 

when  bv  the  presiding  officer,  under  a  standing  rula 
266'. 

how  notified  of  their  appointment,  32,  272. 

when  and  where  to  sit,  274, 275,  277. 

select,  259. 

how  appointed,  264  to  269. 

standing,  259. 

what  to  be  referred  to,  74. 

instructions  to,  75,  76,  77,  262. 

list  of,  &c.  given  by  the  clerk  to  the  member  first  ap 
pointed.  272. 

person  first  appointed  on,  acts  as  chairman  bv  cour- 
tesy. 273. 

proceed  like  other  assemblies,  276,  279 

may  proceed  by  sub-committees,  306. 

mode  of  proceeding  on  a  paper  which  has-  been  referred 
to  them,  279,  281,  2S3. 

mode  of  proceeding  on  a  paper  originating  in  the  com- 
mittee. 279,  280,  282. 

manner  of  closing  session  of,  285. 

report  of,  how  made,  2S2r  283,  2S4,  286,  287,  292. 

form  of  report  of.  286.  292. 

mode  of  proceeding  on  report  of,  292, 293,  294, 295, 296. 

acceptance  of  report  of,  295. 

form  of  stating  questions  on  report  of,  295,  296. 
See  Report. 

Committee  of  the  "Whole,  of  whom  composed,  259. 
how  constituted,  297. 
what  a  quorum  of,  299. 
who  presides  over,  297,  298. 
who  is  clerk  of.  301. 
proceedings  of,  similar  to  those  of  the  assemblv  itself 

302,  309. 
mode  of  proceeding  if  one  session  does  not  complete 

the  business,  304. 
who  may  speak  in,  and  how  often,  305. 
cannot  refer  any  matter  to  another  committee  306 


180  INDEX. 

Committee  of  the  Whole,  cannot  punish  for  breaches 
of  order,  308. 
disorderly  words  in,  how  noticed,  308. 
differences  between  and  other  committees,  302  to  308. 
presiding  officer  of  the  assembly  to  remain  in  the  room, 
during  the  session  of,  300. 
See  Reports,  Disorderly  Words. 

Commitment,  definition  and  purposes  of,  73 
when  a  proper  course,  60. 
what  may  be  committed,  75,  76,  77. 
effect  of  a  vote  on  a  motion  for,  1 83. 
motion  for,  may  be  amended,  181. 

supersedes  a  motion  to  amend,  185. 
is  of  the  same  degree  with  motions  for  the 
previous  question  and  postponement,  182. 
See  Committees. 

Communications  to  the  assembly,  how  made,  44, 46, 48, 49 

Consent  of  the  assembly,  in  what  cases,  and  how  far,  to  be 
presumed  by  the  presiding  officer,  35,  237,  293. 

Contested  Elections,  7. 
See  Returns. 

Credentials  of  members,  7. 

Debate,  proper  character  of,  201. 

should  be  confined  to  the  question,  209. 
usual  mode  of  putting  an  end  to,  220,  221. 
shortening,  222. 
See  Speaking. 

Decorum,  Breaches  of,  37,  38,  39,  40,  41,  223,  224. 
how  to  be  noticed,  40. 
remedy  for,  224,  225,  226. 

how  a  member  is  to  proceed  to  exculpate  himself  from 
a  charge  of,  40. 
See  Disorderly  Words,  Order. 

Disorderly  Words,  course  of  proceeding,  when  spoken 
227  to  231. 
to  be  written  down  by  the  clerk,  as  spoken,  228,  229. 


INDEX 


181 


Disorderly  "Words,  members   not  to  be  censured  for, 
unless  complained  of  at  tbe  time,  232. 
opoken  in  a  committee  during  its  session,  278. 

in  committee  of  the  whole  to  be  written  down, 
and  reported  to  the  assembly,  308. 

Disorderly  Conduct,  9,  37  to  40,  313. 

Division  of  a  question,  79  to  83,  122,  123. 
effect  of,  80. 

motion  for.  how  made,  80 
right  to  demand^  81,  82. 
when  it  may  take  place,  83. 
See  Question. 

Elections  and  Returns,  6,  7,  8. 
Expulsion,  42. 

Floor,  how  to  obtain,  46. 

who  has  a  right  to,  47,  203,  204,  205. 

member  in  possession  of,  to  be  interrupted  only  by  u 

call  to  order,  200. 
when  usually  allowed  to  the  mover  of  a  motion,  204. 
when  one  relinquishes,  for  one  purpose,  he  does  so  fo* 

all  purposes,  205,  219. 

Forms  of  proceeding,  10,  59,  315. 
See  Order,  PmIcs. 

Incidental  Questions,  150  to  165. 
questions  of  order,  151  to  154. 
reading  papers,  155  to  160. 
withdrawal  of  a  motion,  161,  162. 
suspension  of  a  rule,  163,  164. 
amendment  of  amendments,  165. 
See  Question, 

Introduction  of  business,  how  accomplished,  43. 
See  Rules. 

Journal  of  a  deliberative  asscmblv,  what  and  how  kept 
32,  33. 

Jfdgmeni  of  an  aggregate  body,  how  evidenced,  14. 


182  INDEX. 

Lie  on  the  Table,  purpose  of  motion  for,  60,  71, 72. 
Motion  for,  cannot  be  amended,  170. 
Avhen  to  be  resorted  to,  171. 
effect  of  vote  on,  71,  72.  172,  173. 
takes    precedence    of   all    other   subsidiary 
motions,  171. 

List  of  members,  6. 

Main  Question,  63,  64,  135,  213. 

Majority,  decision  by,  on  questions  and  elections,  24. 

Members,  rights  and  duties  of,  36. 
punishments  of,  42. 
not  to  be  present  at  debates  on  matters  concerning 

themselves,  41,  225,  230. 
proceedings  on  quarrels  between,  caution  relating  to, 
314. 

Membership,  rights  of,  how  decided,  8. 
Modification  of  a  motion  by  the  mover,  92. 

Motion,  definition  of,  45,  59,  233. 

to  be  in  writing,  54. 

to  be  seconded,  53  to  55. 

how  seconded,  55. 

when  in  order,  247. 

subsidiary,  need  not  be  in  writing,  54. 
but  must  be  seconded,  55. 

to  suppress  a  proposition,  62. 

to  be  stated  or  read  for  the  information  of  any  mem- 
ber, 57. 

can  be  withdrawn  only  by  leave,  56,  92. 

when  before  the  assembly,  none  other  can  be  received, 
except  privileged  motions,  58. 

is  not  before  the  assembly,  until  stated  by  its  presiding 
officer,  198. 

not  in  order  unless  the  maker  be  called  to  by  the  pre- 
siding officer,  200. 

by  one  seated,  or  not  addressing  the  chair,  not  to  be 
received,  200. 

principal  and  subsidiary,  cannot  be  made  together,  199 


INDEX.  183 

Naming  a  member,  what,  40,  225. 

Numbers  prefixed  to  paragraphs  of  a  proposition,  not  a 
part  of  it,  91. 

Officers  of  an  assembly,  titles  of,  5. 
who  are,  usually,  26. 
how  appointed,  and  removable,  26. 
a  majority,  necessary  to  elect,  26. 
when  not  members  of  the  assembly,  5. 
pro  tempore,  when  to  be  chosen,  29. 

See  Presiding  Officer,  Recording  Officer. 

Order  of  a  deliberative  assembly,  what,  13. 
of  business,  18S  to  200. 

how  established,  190. 
questions  of.  what,  152. 

how  decided,  154,  248. 
form  of.  on  appeal.  154. 
no  debate  upon,  allowed  during  division,  248. 
rides  of,  to  be  enforced  without  delay,  151. 
call  to,  effect  of,  214. 

who  may  make,  151. 

interrupts  the  business  under  consideration 
153. 
See  Disorderly  Conduct,  Disorderly  Words. 

Orders  of  the  Day.  definition  of.  142. 

motion  for,  a  privileged  question  for  the  dav,  143  to 

145,  146. 
motion  for,  generallv,  supersedes  otHer  propositions, 

143,  144. 
being  taken  up,  the  business  interrupted  thereby    is 

suspended.  147. 
fall,  if  not  taken  up  on  the  day  fixed,  143. 
unless  by  special  rule,  149 

Organization*,  necessity  for,  1 
usual  mode  of,  3. 
on  report  of  a  committee.  4. 

Papers  and  Documents,  in  whose  custody,  33. 
Parliamentary  Law  common,  what,  6,  10, 


184  INDEX. 

Parliamentary  Rules,  whence  derived,  11. 
in  each  state,  how  formed,  11. 
See  Rules. 

Petitions,  requisites  to,  49. 

to  be  offered  by  members,  49,  50. 

mode  of  offering,  51. 

to  be  read  by  the  clerk,  if  received,  &2. 

regular  and  usual  action  on  presenting,  51,  52. 

contents  of,  to  be  known  by  member  presenting,  50. 

to  be  in  respectful  language,  50. 

Postponement,  effect  of  vote  on  motion  for,  180. 
motion  for,  may  be  amended,  176. 
how  amended,  177,  178. 
supersedes  a  motion  to  amend,  185. 
is  not  superseded  by  a  motion  to  commit  oi 

to  amend,  179. 
is  of  the  same  degree  with  a  motion  for  the 
previous  question,  179. 
indefinite,  purpose  of  motion  for,  60,  67. 

effect  of  vote  on  motion  for,  67. 
to  a  day  certain,  purpose  of  motion  for,  68,  69. 
an  improper  use  of,  70. 

Power  of  assembly  to  eject  strangers,  9. 

Preamble,  or  title,  usually  considered  after  the  paper  is 
gone  through  with,  192. 

Precedence  of -motions.  171,  174,  179,  182, 186,  197,  220. 
of  questions,  123,  134,  135,  153. 

as  to  reference  to  a  committee,  74. 
on  motions  to  fill  blanks,  85,  86,  87. 
questions  of  privilege  take  precedence  of  all  motions 
but  for  adjournment,  141. 

President,  5. 

See  Presiding  Officer. 

Presiding  Officer,  duties  of,  27,  30,  40,  225,  313,314. 
to  he  first  heard  on  questions  of  order,  207. 
how  far  member  of  an  assembly,  5. 
not  usually  to  take  part  in  debate,  5.  202. 

but.  hi  committees  of  the  whole,  307. 


INDEX.  185 

Presiding  Officer,  —  or  on  point  of  order,  154. 
to  give  a  casting  vote,  5,  243. 
effect  of  not  giving  casting  vote,  243. 
may  not  interrupt  one  speaking,  but  to  call  to  order.  207 
may  not  decide  upon  inconsistency  of  a  proposed 
amendment  with  one  already  adopted,  102. 

Previous  Question,  motion  for,  purpose  of,  60. 
form  of,  64,  170. 
original  use  of,  63,  64,  65. 
present  use  of,  65,  66,  220. 
use  of  in  England,  66. 
cannot  be  amended,  170. 
effect  of  vote  on,  64,  65,  175 
effect  of  negative  decision  of,  65. 
cannot  be  made  in  committee  of  the  whole,  303. 
stands  in  same  degree  with  other  subsidiary  motions, 
except  to  lie  on  the  table,  174. 

Privileged  Questions.  136  to  149. 

adjournment.  137  to  140. 

questions  of  privilege,  141. 

orders  of  the  day,  142  to  149. 

take  precedence  of  all  motions  but  for  adjournment,141. 

when  settled,  business  thereby  interrupted,  to  be  re- 
sumed. 141. 
Proceedings,  how  set  in  motion,  43. 

Punishment  of  members,  41,  42. 

a  question  of.  pending,  the  member  to  withdraw,  230. 

Quarrel  between  members,  38,  314. 
See  Disorderly  Words. 

Question,  definition  of,  233. 
forms  of,  in  use,  15.  60,  61. 
when  to  be  put,  235. 
mode  of  putting,  236. 

on  a  series  of  propositions,  193. 

on  amendments  reported  by  a  committee,  19-4. 
mode  of  taking.  23S.  240,  241.  242,  245. 
when  and  how  decision  of  may  be  questioned,  238,  239 
all  the  members  in  the  room  when  a  question  is  put 

are  bound  to  vote  upon  it,  244. 


86  INDEX. 

Question,  members  not  in  the  room,  cannot  vote  on,  244. 
when  taken  by  yeas  and  nays,  245. 
mode  of  taking,  in  Massachusetts,  246. 
when  and  how  to  be  divided,  79. 
how  taken  when  divided,  80. 
motion  to  divide,  may  be  amended,  80. 
what  may  be  divided,  83. 
who  may  divide,  81,  122. 

usually  regulated  by  rule,  82. 
incidental,  defined  and  enumerated,  150  to  165. 
subsidiary,  or  secondary,  defined  and  enumerated,  166 

to  170. 
privileged,  defined  and  enumerated,  136. 

See  Incidertal  Questio?is,  Privileged   Questions,  Sub- 
sidiary Questions. 

Quorum,  necessity  for,  17,  19. 
what  constitutes,  18. 

effect  of  want  of,  on  pending  question,  249. 
necessary  on  a  division  of  the  assembly,  249. 
want  of,  how  ascertained,  19. 
consequence  of  want  of,  1 9,  249. 

Reading  of  Papers,  by  the  clerk,  155. 

by  members,  not  allowed,  without  leave  obtained  by 

motion  and  vote,  157,  158. 
when  to  be  omitted,  159. 
when  necessary,  if  called  for,  155. 
question  on,  to  be  first  decided,  160. 

Reception,  question  of,  on  petition,  51. 
on  report,  286,  293. 

Recommitment,  what,  73,  290,  291. 

Reconsideration,  general  principle  relating  to,  250  to  253 
motion  for,  allowed  in  this  country,  254,  255. 
effect  of,  256. 
usually  regulated  by  rule,  257. 

Recording  Officer,  duties  of,  31,  32,  33,  35. 
how  his  absence  is  to  be  supplied,  34. 
how  elected,  3,  4. 

precedence  of.  if  more  than  one,  5. 
papers  and  documents  to  be  in  his  charge,  33. 


INDEX.  187 

Recurrence  of  Business,  when  interrupted  by  want  of 
quorum,  249. 
by  motion  for  the  previous  question.  66. 

for  indefinite  postponement,  67. 

to  lie  on  the  table,  71,  72. 

for  adjournment,  140. 

for  the  orders  of  the  day,  147,  148. 
by  a  question  of  privilege,  141. 

of  order,  153,  230. 
by  a  call  of  a  member  to  order,  200,  214. 

Reports  of  Committees  how  made  and  received,  286  to 
289. 
how  treated  and  disposed  of,  292  to  296. 
of  a  paper  with  amendments,  288. 
action  upon,  194  195,  292  to  296. 
acceptance  of,  295,  296. 
when  a  new  draft  of  a  paper,  196. 
of  committees  of  the  whole,  310. 
when  to  be  received,  311 

Reprimand,  42. 

See  Punishment. 

Resolution,  what,  13,  233. 

Returns,  6. 

time  for  investigating,  7. 

mode  of  investigating,  7. 

who  to  be  on  the  investigating  committee,  8 

who  to  be  heard  on  a  question  on,  8. 

Roll,  calling  of,  32,  35,  245. 

Rules  of  debate  and  proceeding,  subject  of,  14,  15. 
general  purpose  of,  315. 

what  are  necessarily  adopted  by  an  assembly,  10,  20 
the  same  in  this  country  and  in  England,  11. 
usage  does  not  give  them  the  character  of  general 

laws,  12. 
to  be  enforced  witbout  delay  or  debate,  22,  151,  152 
who  may  notice  an  infringement  of.  22. 
special^  each  assembly  may  adopt,  10,  20. 

supersede  ordinary  parliamentary  rules,  10. 

usually  provide  for  their  own  amendment,  21 


188  INDEX. 

Rules,  special,  maybe  suspended  on  motion,  21    163,  164. 
motion  to  suspend,  supersedes  the  original 

question,  163. 
suspended  only  by  general  consent,  21,  164. 
usually  provide  for  their  own  suspension,  164. 
may  determine  the  number  necessary  to  ex- 
press the  will  of  the  assembly,  25. 
See  Reading  of  Papers,  Speaking. 

Secondary  Questions,  166. 

See  Subsidiary  Questions. 

Seconding  of  motions,  55,  309. 

Secretary,  5. 

See  Recording  Officer. 

Separation  of  propositions,  how  effected,  89. 

Speaking,  rules  as  to  manner  of,  203  to  208. 
as  to  matter  in,  209  to  214. 
as  to  times  of,  215  to  219. 
member,  to  stand  uncovered,  203,  208. 
not  to  make  personal  remarks,  211. 
not  to  mention  names  of  members,  206. 
not  to  reflect  on  the  assembly,  or  on  its  prior 

determinations,  210. 
confined  to  the  subject,  209,  213. 
not  to  be  interrupted,  219.  [21 6. 

to  speak  but  once  on  the  same  question,  215, 

except  by  leave,  217. 
or  to  explain  himself  in  a  matter-of-fact,  218. 
See  Debate,  Presiding  Officer. 

Speech,  reading  of,  by  member,  157. 

Subsidiary  Questions,  166  to  187. 
nature  and  effect  of,  166. 
enumeration  of,  167. 
cannot  be  applied  to  one  another,  168. 
exceptions  to  this  rule,  169. 
lie  on  the  table,  171,  172,  173. 
amendment,  184  to  187. 
previous  question,  174,  175 


INDEX.  189 

(5db8idiart  Questions,  postponement,  176  to  180. 
commitment,  1  SI,  182,  183. 

Suspension  of  a  rule,  21,  163,  164 
See  Rules. 

Transposition  of  propositions,  how  effected,  90. 

Vice-President,  duties  of,  5,  28. 
See  Officers. 

Vote,  what,  13,  233. 

Voting,  right  and  duty  of,  41,  244. 
prohibition  from,  42. 
See  Members. 

Will  of  an  assembly,  majority  necessary  to  express,  24. 

special  rule  may  determine  what  proportion 
may  express,  25. 

Withdrawal  of  a  motion,  can  be  only  by  leave,  161. 
effect  of  vote  upon  motion  for  leave  for,  162. 

Yeas  and  Nats,  how  taken,  32,  245. 
in  Massachusetts,  246. 
wnat  number  of  members  may  require,  25. 
form  of  putting  question,  245. 


NOTICES 

Ol-'    A 

INzw  ItJork 

T.'PON 

PARLIAMENTARY    RULES, 

BY 

LUTHER  S.  GUSHING, 

TWELVE  YEARS  CLERK  OF  THE  MASSACHUSETTS 
HOUSE  OF  REPRESENTATIVES. 


From  Hon.  S.  H  Walley,  Speaker  of  the  Massachusetts 
House  of  Representatives. 

Roxburt,  Jan.  13,  1S45. 
To  the  Publisher: 

At  your  request,  I  have  carefully  perused  the  Manual 
of  Parliamentary  Practice,  prepared  by  Hon.  Luther  S. 
Cushixg,  which  you  submitted  in  manuscript  to  my 
inspection. 

I  have  taken  great  pleasure  in  examining  the  pages  of 
this  work,  and  do  not  hesitate  to  express  most  fully  my 
approbation  of  its  plan  and  execution. 

On  two  or  three  questions  of  minor  importance,  I 
might  come  to  different  conclusions  from  the  author;  — 
but,  inasmuch  as  he  has  devoted  much  time  to  a  careful 
research  into  the  subject  of  parliamentary  rules  and  prac- 
tice, in  the  preparation  of  an  extended  work,  which  he  is 
preparing  on  this  subject,  I  am  free  to  admit-,  that  I  should 
feel  great  distrust  in  any  opinions  which  I  have  held,  even 
on  these  questions,  where  they  differ  from  those  expressed 
by  Judge  Cushing,  without  very  careful  reexamination 
and  study. 

This  Manual  is  much  needed.  There  is  no  work,  in 
this  country,  which  is  adapted  near  as  well,  in  my  judg- 
ment, to   assist  those  who  are  called   upon  to  preside  in 


NOTICES. 

public  assemblies,  to  discharge  their  duties  acceptably  and 
profitably  to  the  community. 

I  sincerely  hope  and  believe  that  this  publication  will 
receive  the  countenance  and  approbation  to  which  it  seems 
to  me  so  justly  entitled. 

Very  respectfully, 

Your  friend  and  servant, 

Samuel,  H.  Wallet,  Jr. 

From  the  Law  Reporter,  Edited  by  Pe/eg  W.  Chandler,  Esq., 
President  of  the  Boston.  Common  Council  and  Member  oj 
the  Mass.  Legislature. 

Hon.  Luther  S.  Gushing  has  prepared  for  the  press  a 
new  Manual  of  Parliamentary  Practice.  Having  examined 
the  manuscript  of  this  work  with  considerable  care,  Ave  take 
occasion  to  say,  that  it  will  be  a  valuable  accession  to  the 
libraries  of  those  who  are  called  upon  to  preside  in  delib- 
erative assemblies  ;  and  we  believe  the  necessity  of  such  a 
work  as  this  has  been  very  generally  felt  in  our  country, 
where  almost  every  citizen  is  occasionally  called  upon  to 
exercise  the  duties  of  a  presiding  officer.  The  work  is 
founded  upon  the  well-established  rules  and  customs  of 
the  British  Parliament,  and  Mr.  Cushing  divests  himself  of 
all  local  usages  prevailing  in  different  parts  of  this  country; 
maintaining,  in  the  outset,  that  no  assembly  can  ever  be 
subject  to  any  other  rules  than  those  which  arc  of  general 
application,  or  which  it  specially  adopts  for  its  own  govern- 
ment; and  denying  explicitly  that  the  rules  adopted  and 
practised  upon  by  a  legislative  assembly  thereby  acquire 
the  character  of  general  laws. 

We  understand  that  the  author  of  this  Manual  has  for 
some  time  been  engaged  on  an  elaborate  treatise  upon  the 
parliamentary  law,  which  we  do  not  doubt  will  be  creditable 
.o  his  learning  and  industry.  Meanwhile,  this  smaller  and 
xnore  convenient  work  will  be  sent  o*,it  as  a  manual  for 
practical  reference. 

•  Published  by  BROWN,  TAGGARD,  &  CHASE, 
No.  29  Cornhill.     For  sale  by  Booksellers  generally. 


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